Legal Definitions - recording

In the context of real estate law, recording refers to the formal act of filing a legal document, such as a deed, mortgage, or lien, with a designated government office, typically the county recorder's or land records office. This process creates a public, official record of transactions, ownership changes, or claims against a specific piece of property. By making these documents publicly accessible, recording provides notice to anyone interested in the property, helping to establish clear ownership and protect legal rights.

Here are a few examples to illustrate the concept of recording:

• When a couple buys their first home: After signing all the necessary paperwork at the closing, the deed, which legally transfers ownership from the seller to the buyers, is submitted to the county recorder's office.
  This act of recording the deed makes the couple's ownership official and public. It creates a permanent record that anyone can access, proving they are the legal owners and protecting their property rights against future claims or disputes.
• When a homeowner takes out a new mortgage: A homeowner decides to refinance their existing mortgage with a different bank to get a lower interest rate.
  The new mortgage agreement, which grants the bank a lien (a legal claim) on the property as security for the loan, must be recorded. This public record informs anyone else who might be interested in the property that the bank has a financial interest in it, ensuring their priority if the homeowner were to default on the loan.
• When a contractor files a lien for unpaid work: A roofing contractor completes a major repair on a house, but the homeowner refuses to pay the final invoice.
  The contractor might file a "mechanic's lien" against the property. Once this document is recorded with the county, it creates a public notice that the contractor has a claim against the property for the unpaid work. This recorded lien can make it difficult for the homeowner to sell or refinance the property until the debt to the contractor is settled.