Definition
A Recorder is a public official tasked with the responsibility of keeping accurate and up-to-date records of all documents related to real estate transactions. This includes the documentation of deeds, mortgages, liens, and other legal instruments that affect property ownership and status. The office of the Recorder may also be referred to as the Registrar or County Clerk in various jurisdictions.
Examples
- Deed Recording: After purchasing a property, the title company files the deed with the Recorder’s office to register the new ownership. This ensures that the change of ownership is documented in the public record.
- Mortgage Recording: When a buyer takes out a mortgage to purchase a home, the mortgage document is recorded by the Recorder to establish a public record of the lender’s interest in the property.
- Lien Filing: If a contractor has completed construction work on a home but has not been paid, they can file a lien with the Recorder’s office. The lien becomes a matter of public record and provides notice of the contractor’s financial interest in the property.
Frequently Asked Questions
What documents are filed with the Recorder’s office?
The Recorder’s office handles various documents related to real estate, including deeds, mortgages, liens, easements, and other instruments that affect property ownership and title.
Why is it important to record a deed?
Recording a deed provides public notice of the property’s ownership. It serves as a legal record that can help resolve disputes, protect ownership rights, and provide information for legal and financial transactions.
How can I access records from the Recorder’s office?
Most Recorder’s offices offer public access to real estate records. You can visit the office in person, access records online through their website, or request copies of documents by mail.
What is the difference between a Recorder and a Registrar?
The terms “Recorder” and “Registrar” are often used interchangeably. They both refer to officials responsible for maintaining records of real estate documents, although the specific title can vary by jurisdiction.
Do I need to record every real estate document?
Not all real estate documents need to be recorded, but any document that affects the property’s ownership or encumbrances, such as deeds, mortgages, and liens, should be recorded to protect legal rights and interests.
Related Terms
- Title Company: A company that ensures the title to a real estate property is legitimate and provides title insurance for the property owner and/or lender.
- Deed: A legal document that transfers ownership of property from one person to another.
- Lien: A legal claim or hold on a property, typically used as security for a debt.
- Mortgage: A loan in which the borrower uses the property as collateral. The document is recorded to register the lender’s interest in the property.
- Easement: A right given to another party to use a portion of the property for a specific purpose, which is recorded to provide legal notice.
Online Resources
- National Association of County Recorders, Election Officials and Clerks (NACRC) Website: NACRC
- American Land Title Association (ALTA) Website: ALTA
- Local County Recorder Offices Most counties provide online search tools and resource guides related to recording real property documents.
References
- National Association of County Recorders, Election Officials and Clerks (NACRC) – NACRC.org
- American Land Title Association (ALTA) – ALTA.org
Suggested Books for Further Studies
- “Real Estate Record Keeping and Accounting Guide” by Shirley V. Mitchell
- “Title Searcher’s Handbook” by Allen O. Hackman
- “Professional Real Estate Developer’s Guide” by Frank Gallinelli and Frank J. Gallinelli
