The act of publicly recording a real estate transaction is normally the final step required to fully establish the validity of that transaction. In fact, recording laws are structured to protect the bona fide purchasers and owners of the real property. If a real estate transaction—such as a sale, mortgage or easement agreement—is not recorded, it may be deemed unenforceable.

This article will review the following three issues regarding recording:

  • Why recording is necessary
  • The recording process
  • Chronological order

All states have established recording laws, typically called recording acts. Most states assign the responsibility for recording real estate transactions to the local counties. Although failure to record a real estate instrument or transaction will not necessarily invalidate or void that transaction, it may make such instruments ineffective with subsequent transactions.

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Real Estate 101

Real Estate 101

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