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Although generally a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed. Deeds usually do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded. The deed also must be accepted by the grantee.
While the deed doesn't have to be recorded, the recipient has to prove she received the deed from the prior owner, something that may prove difficult if he's deceased or otherwise unable to confirm it. It is always the best possible choice to record the deed in order to ensure that problems such as this do not occur.
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.
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.
Contracts for deed also places some risk on the seller. If the buyer defaults, the seller will have to take action and may end up taking back the land. Recording. The buyer must record the contract for deed with the county recorder where the land is located within four months after the contract is signed.
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.
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.
Recording acts establish procedures for individuals to file copies of real property documents, such as deeds, liens, and mortgages. Recording acts also establish priority of real property ownership interests between individuals with competing claims.
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