Recording

Purpose of Recording

Recording establishes the legal priority of ownership claims and lien interests against a property. When a deed is recorded, it provides constructive notice to the public that the buyer is the legal owner. When a mortgage or deed of trust is recorded, it establishes the lender's lien position, which determines the order of repayment if the property is sold or foreclosed upon. Without recording, a buyer's ownership or a lender's security interest may be vulnerable to competing claims from other parties.

What Gets Recorded

In a typical mortgage transaction, several documents are recorded with the county:

• Deed (warranty deed, grant deed, or quitclaim deed) transferring ownership to the buyer
• Mortgage or deed of trust establishing the lender's lien on the property
• Any subordination agreements if there are multiple liens
• Lien releases or satisfactions when a prior mortgage is paid off

The closing agent or title company typically handles the recording process on behalf of the parties.

Fees and Timeline

Recording fees are set by each county and are included in the borrower's closing costs. These fees typically range from depending on the jurisdiction and the number of pages in the documents. Some localities also impose transfer taxes or documentary stamp taxes at recording, which can be a significant additional cost. Documents are usually recorded within after the closing. Once recorded, the documents are assigned a recording number and become part of the permanent public record, which title companies reference in future title searches.