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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.
Although recording statutes vary between U.S. states, they virtually all require that an interest in real property be formally recorded in the appropriate county office in order to be valid. The purchaser (or transferee) named on the last deed of record is recognized as the legal title owner of that parcel of property.
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.
Deed Requirements: Grantee(s) (Buyer-Party Receiving Title) names legibly printed in the body of the Deed. Names printed under Granters' signatures. Two witnesses, for each signature and the names of witnesses printed under witnesses' signatures. Complete Notary acknowledgment.
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.
Whoever has their name on the deed is the rightful owner of the home, so it's one of the most important documents in buying or selling a home. The seller typically prepares the real estate deed, usually with the help of a title company or an attorney to ensure the property transfers successfully.
Anyone can create a real estate deed. In most cases, a deed is created by a party involved in the transaction, or someone acting on behalf of one of the parties, such as a title agency or an attorney. County and state specific forms can be purchased from deeds.com and office supply stores.
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.
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