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When real property
is purchased, the purchaser usually receives a deed which transfers
title and ownership. The deed must be recorded at the county recorder’s
office for the sale to be official. The purpose of recording the
deed is to give public notice of ownership and tracks the chronological
chain of title. The county recorder will examine documents to determine
their legal sufficiency, but cannot correct defects or deficiencies.
Even minor errors, such as: missing dates; improper fees; typing
too close to the margins; illegibility; or not suitable for microfilming;
may will result in rejection. In most jurisdictions, it normally
takes 4-6 business days to record a deed received by mail. However,
in certain jurisdictions, delays can be considerable.
It is the deed recorder’s
responsibility to: promptly and properly file (and occasionally
refile) with the correct municipality. Deed recorder’s insurance
can provides both traditional protection for the deed recorder as
well as reimbursement to clients for damages resulting from detrimental
reliance upon the deed recorder’s services. In conjunction
with the rendering of their professional service, the deed recorder
makes certain representations and warranties within their service
agreements. This insurance can provide reimbursement to the lender
for the contractual liability assumed by the deed recorder in their
representations and warranties.
The client lender may
also recognize an overall cost savings through the elimination of
a costly “bring-down”, which is a process of verifying
the final deed status with the county recorder. This is recognized
in the price for services rendered by the deed recording service.
For more information,
contact FIS.
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