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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.
When you get the deed, you should record it with the county recorder in the county where the property is located. The purpose of recording the deed is to give "notice to the world" that you now have an ownership interest in that particular piece of real property. Recording also tracks the chronological chain of title.
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.
To record a deed yourself you need only to take the deed to the appropriate recording office in your area. The recorder will then index and transcribe the deed in the public records and it will be available for anyone to see. Constructive notice is said to be given once the deed is recorded.
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.
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.
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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