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What is required for a valid deed?
For a deed to be valid, it must meet the following requirements: The granter must have legal capacity, which means that the granter is of sound mind and lawful again most states, the minimum age is 18. There must be enough information in the deed to identify the grantee with reasonable certainty.
What happens if you don't record a deed?
An owner legally transfers his property to another person on an instrument known as a deed. However, failure to record a deed may cause problems for the new owner. For example, the lack of an official deed will make it nearly impossible to sell the property again or refinance a mortgage.
Is a deed valid if not recorded?
THE PURPOSE OF RECORDING LAWS. In a few states, an unrecorded deed is invalid unless it is recorded. But in most states, an unrecorded deed is valid only between the granter and the grantee. When a deed is unrecorded, it does not give constructive notice to the world of its contents.
Can anyone record a deed?
Although a properly completed and notarized deed is valid between the granter and grantee, all states require you to record a property deed. Recording allows interested parties to search public records and discern property ownership.
Who is responsible for recording a deed?
In the United States, the (recorder) of deeds is often an elected county office and is called the county recorder. In some U.S. states, the functions of a recorder of deeds are a responsibility of the county clerk (or the county's clerk of court), and the official may be called a clerk-recorder or recorder-clerk.
What does it mean when a deed is recorded?
When you buy a home, it is usually the job of your title or escrow agent to file your original deed the document showing that you legally own the property in the appropriate government office in your county. This is called recording your deed. Title agents commit errors, lose deeds, and even go out of business.
Is there a time limit to record a deed?
The option to record a deed is a service offered by a local government, so the public has notice of the current ownership of property. Also, there is no law that prevents a valid deed from being recorded at any time, even years after the official transfer takes place.
How long do you have to record a deed?
When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business. Even county offices sometimes fail to record deeds that were properly submitted.
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