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Finally, an ordinary written contract is effective as soon as it is signed (unless its terms state otherwise), but a deed must be both signed and delivered. It is at the point of delivery that the deed becomes binding and effective.
The date the deed is signed is the “legal” date, i.e. the date of transfer of the property interest.
Most deeds start with the date. Many people just date the deed the day that it is signed. However, the date on the deed should be the date of transfer of ownership, which is not necessarily the day it is signed.
However, if the deed does not contain such wording, case law has held that the absence of a date will not affect its validity, which usually takes effect from delivery. No deed or contract must ever be back dated (i.e. given a date that is earlier than the date it was executed). This is potentially fraudulent.
A warranty deed is a document often used in real estate that provides the greatest amount of protection to the purchaser of a property. It pledges or warrants that the owner owns the property free and clear of any outstanding liens, mortgages, or other encumbrances against it.
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.
The recording fee for a deed might be $12 in one county and then $15 in another. Some agencies charge by the size of the document. For instance, a land record instrument might have a $60 fee for the first page, then $5 per page after that.
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.
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