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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.
An owner legally transfers his property to another person on an instrument known as a deed. At the time of transfer, the owner usually records the deed by filing it in the land records of the property's county, but it is not required for it to legally transfer title to the new owner.
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.
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.
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
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.
The mortgage company usually prepares this deed as part of the loan package and delivers it to the title company for you to sign at closing. The title company is commonly the trustee to the deed and holds legal title to the property until the loan gets fully repaid.
You need written consent of the lender to change your deed if the home is mortgaged. You must get your co-owners permission in writing and have it signed and notarized. A title company can locate these parties, get the consents signed, signatures notarized and documents filed with the title change.
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