Legal Definitions - register of deeds

The register of deeds is a city or county government office responsible for maintaining public records of real estate documents. This office records important papers such as deeds, mortgages, liens, and leases, making them publicly accessible. The official overseeing this function is often called the recorder of deeds.

The register of deeds is a local government office, typically found at the county or city level, that serves as the official repository for public records related to real estate.

Its primary function is to officially record documents that affect the ownership, liens, and other legal interests in land and buildings within its jurisdiction. By recording these documents, the office ensures a public, permanent record of who owns what property, what debts are secured by it, and any other significant claims or agreements related to real estate. The official in charge of this office is often referred to as the recorder of deeds, and the act of filing a document there is known as recording it.

Here are some examples of how the register of deeds functions:

• Buying a New Home: When a family purchases a house, the legal document transferring ownership from the seller to the buyer is called a deed. This deed must be submitted to the local register of deeds office for recording. By doing so, the public record is updated to officially reflect the new owners' legal claim to the property, providing clear notice to anyone interested in the property's ownership history.

• Securing a Mortgage: Imagine a homeowner decides to take out a loan to build an addition onto their house, using the property itself as collateral. The bank providing the loan will require a mortgage document to be recorded at the register of deeds. This recording creates a public record of the bank's financial interest (a lien) on the property, protecting the bank's investment by ensuring that if the homeowner defaults on the loan, the bank has a legal claim to the property.

• Filing a Mechanic's Lien: Suppose a roofing company completes a major repair project on a commercial building, but the property owner fails to pay the agreed-upon amount. To secure payment, the roofing company might file a mechanic's lien against the property. This lien is recorded at the register of deeds, creating a public notice that there is an outstanding debt tied to the property. This public record can prevent the owner from selling or refinancing the property without first satisfying the lien.