While recording statutes vary between states, virtually all require that a deed - the legal document that confirms or conveys ownership rights to a real property - be formally recorded in the appropriate county office, in order to be valid. That’s because the purchaser (or transferee) named on the last deed or record is recognized as the legal title owner of that property.

Failure to record a deed could mean that if the owner wanted to sell the property, refinance the mortgage, or open a home equity line of credit, they would not be able to do so. Further, the new owner of a home with an unrecorded deed is at risk of losing the home or facing demands to pay off liens incurred by the previous owner.

According to a story reported in the Baltimore Sun, for example, one family was dumbfounded to receive a bill for overdue taxes. The reason was simple--the recording of the deed had been delayed and the original tax notification had been sent to the previous owner.

In today’s very active real estate market, with pandemic-driven safety protocols still in place and many people working remotely, checking with the escrow agent to be sure the deed has been recorded, or encouraging your buyer to do so and request a copy of the recording page, is highly  recommended. The ability to file e-closings has made this part of the transaction easier than ever.

The recording page lists the date the deed was recorded and includes the volume and page number where the deed can be found. The homeowner can also contact the county clerk’s office and ask how to view county land records. Many counties now provide access to real property records online free of charge.

In the event that a deed has not been recorded, it is imperative for the homeowner to inform the title insurance company immediately to request the deed be recorded as soon as possible.

This material is meant for general illustration and/or informational purposes only. Although the information has been gathered from sources believed to be reliable, no representation is made as to its accuracy.

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About Bobbi Pronin
Bobbi Pronin is an award-winning writer based in Orange County, Calif. A former news editor with more than 30 years of experience in journalism and corporate communications, she has specialized in real estate topics for over a decade.

Bobbi is not an employee of Anywhere Integrated Services or affiliated with its title companies.