Recording Of A Deed

Recording Of A Deed in United States

Practical Information

Note: Some of this information was last updated in 1982

Filing of a deed (in U.S. law) in a public office designated by state statute, generally the county or town clerk’s office or recorder’s office where the property is located. A person waiting to record a deed deposits with the proper official the original signed instrument, properly acknowledged. It is now filed for record and is deemed to be recorded. All persons have constructive (in U.S. law) notice of the existence of the deed. The official copies the document in his record books, indexes it, and returns the original, with suitable notations about recording, to the person who presented it for recording. An unrecorded deed, although valid and effective as between the parties, is ineffective so far as subsequent bona fide purchasers or mortgagees of the same property are concerned.

The usual practice is for the purchaser’s attorney to attend to the recording and for the purchaser to pay the recording fees. The attorney also sees that the proper revenue stamps, known as documentary stamps, are affixed to the deed, if required by his or her state. Federal documentary stamps are no longer required. The attorney also sees that the proper transfer tax is withheld from the seller at closing and paid by check or cash to the proper court official, if his state requires no documentary stamps. See transfer tax (in U.S. law). Where there is a title insurance (in U.S. law) company representative at the closing, he or she may take the deed, attend to the recording, and return it to the attorney. Eventually the recorded deed is returned to the owner of the property by his or her attorney or mailed to the owner directly by the recorder’s office.

(Revised by Ann De Vries)

What is Recording Of A Deed?

For a meaning of it, read Recording Of A Deed in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Recording Of A Deed.


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