Quick Answer
Recording means a deed, mortgage, deed of trust, or other real estate document has been officially accepted into the public land records by the county recording office. This creates public notice of the document's existence and contents.
"Recording" is one of the most important legal steps in any real estate transaction. It is the point at which the transaction becomes part of the public record. Here is what recording means and why it matters.
What Gets Recorded?
Several types of documents are commonly recorded in a real estate transaction. In a typical purchase, the deed (which transfers ownership from seller to buyer) and the mortgage or deed of trust (which establishes the lender's lien) are recorded. Other documents that may be recorded include assignments of mortgages, releases of liens, easements, and affidavits. The specific documents submitted for recording depend on state law and the transaction type.
Where Are Documents Recorded?
Documents are recorded at the county recorder's office (or equivalent office) in the county where the property is located. Each county maintains its own land records system. Some counties accept documents electronically, while others require paper submissions. Depending on the jurisdiction, recording may be done in person, by mail, or through an electronic recording system.
Why Is Recording Important?
Recording serves several critical functions in real estate:
- Public notice: Recording provides public notice of the transfer of ownership and any liens against the property
- Priority: The order of recording generally determines the priority of liens and interests. The first recorded interest typically has priority over later ones
- Chain of title: Recorded documents create the chain of title that future title searches rely on
- Protection: Recording protects the buyer's ownership and the lender's security interest against subsequent claims
Is Signing the Same as Recording?
No. Signing the documents and recording them are entirely different steps. Signing happens at closing and creates the legal obligations. Recording happens after closing and creates public notice. Ownership does not fully transfer until the deed is recorded in most jurisdictions. For a comparison of these steps, see Funding vs. Recording: What's the Difference?
Does Ownership Always Transfer at Recording?
In most jurisdictions, ownership transfers when the deed is properly delivered and accepted, but recording is essential to protect that ownership against third-party claims. Recording provides constructive notice to the public, meaning anyone searching the records will see that you are the owner. Without recording, a subsequent buyer or creditor could potentially claim an interest that prevails over yours. In some states, recording is explicitly required to complete the transfer. Depending on the jurisdiction, the exact legal effect of recording may vary.
Key Takeaway
Recording is the step that enters your deed and mortgage into the public land records. It provides notice of your ownership and the lender's lien. Recording is distinct from signing and funding and is a critical step for protecting your interest in the property.
FAQs
How long does recording take?
Recording times vary by county. Some counties record documents electronically within hours. Others may take several days to process paper submissions. Your title company will track the recording status and notify you when it is complete.
Does the buyer need to do anything to get the deed recorded?
No. The title or escrow company handles recording as part of the closing process. You do not need to take any action, though you should confirm with your title company that recording has occurred and keep the recorded deed for your records.