Recording Archives

March 6, 2024April 25, 2024

eRecording Is Next-Level Deed Processing. Know What It Is, and Why It’s Legal.

For centuries, deeds went through a manual filing process for transmitting, recording, and storing. This is changing, with eRecording emerging as the new standard.

Why the shift? The shutdowns in the early days of Covid jolted offices into a different mode of operating. Around the same time, county offices began strongly recommending eRecording.

Electronic signatures (eSignatures) and records, including sound files, are now as legally binding as traditional paper documents. And now, people can use encrypted digital signatures for identity protection.

November 27, 2023April 25, 2024

Hawaii Land Court/Torrens Document Processing Update

The Hawaii Bureau of Conveyances (BOC) has announced significant changes to the processing of Land Court/Torrens documents, effective from November 27, 2023. This update comes in light of unexpected staffing challenges that have affected the bureau’s operational capabilities.

Extended Turn-Around Time for eRecording

The BOC has advised that due to these staffing issues, the processing time for Land Court/Torrens documents submitted electronically (eRecording) has been extended significantly. The new estimated turn-around time is now between 25 to 35 business days. Given this delay, the BOC recommends that only non-urgent documents should be submitted electronically at this time, as they are likely to be recorded in 2024.

April 28, 2023April 25, 2024

Frequently Asked Questions: Recording a Deed

Test your deed awareness! How many of these questions can you answer before reading our thoughts?

February 6, 2023April 25, 2024

Hackers Struck in December. Deed Recorders Are Still Reeling

No one is recording deeds in Onondaga County. No one is recording mortgage liens. House sales are stalling, because no one knows if there’s a new judgment or lien on a home they need to close. The recording of deeds has simply stopped.

That was exactly the situation on the 26^th of December, 2022. The online records platform used by the New York county had been hit by an organized attack.

Six weeks later, this same crisis — which wasn’t limited to New York — is still wreaking havoc in deed recorders’ offices.

As of Feb. 2, 2023, from one of dozens of affected Vermont cities: “High tech cleanup continues in the Stowe town offices, as tech crews continue to comb through its email servers following a hack attack last month.”

August 9, 2021April 25, 2024

Washington State Deed Recording Fees Just Went Up. Here’s Why.

Image of the corner of a one hundred dollar bill, U.S. currency. Captioned: Washington State Deed Recording Fees Just Went Up.

On Jul. 25, 2021, recording fees in Seattle, Spokane, and throughout Washington State went up significantly. Records of loans and liens, community property agreements, surveys and plats are all $100 pricier.

In this Q&A, we’ll flesh out why Washington State upped its recording prices, and the related impacts.

October 23, 2020April 25, 2024

The Monster Under the Bed: When a Home’s Past Holds an Unrecorded Deed

Image of a house with trees around it in the fall. Captioned: When a Home’s Past Holds an Unrecorded Deed

No homeowner wants to find out there’s a deed in the home’s past that went unrecorded. But it can happen.

In the normal transaction, at the time of the legal transfer of real estate, the deed is filed with the county recorder’s office, placing the new owner’s name in the public record. Why would anyone skip this step?

Sometimes It’s Deliberate…

April 6, 2020April 25, 2024

Pandemics, Property Transfer Breakdowns… The Digital Real Estate Industry Is Coming

Image of two people sitting at a desk reviewing a paper legal document between two laptop computers. Captioned: Pandemics, Property Transfer Breakdowns...

The latest impetus to digitalize real estate might just turn out to be the tipping point. Practically overnight, COVID-19 is a defining element of our time. This hideous and deadly virus became a major challenge to the systems that carry us through our everyday transactions.

May 28, 2019April 25, 2024

Recording Real Estate Documents: Time is Priority

State recording acts enable people to determine whose interest prevails if interests in the same property have been conveyed to several parties. For instance, what if a piece of real estate has several encumbrances: mortgage debt, a mechanic’s lien, and others? We need to know the order of priority.

Deals are made based on these stakes, so it’s essential to know how to preserve claims in a piece of property. The best practice is to record any new interest promptly. This way, should there be any conflicting claim at a later date, the dispute can be settled.

January 28, 2019April 25, 2024

The Real Estate Deal, Decluttered: Blockchain and Deed Recording

Throughout the past decade, blockchain technology has evolved from an upstart concept to early adoption in banking and a host of other industries. Many people are eager to learn about blockchain and how it can change the way we do business.

What, we might wonder, can the blockchain do to remedy the hurdles and risks that pervade the real estate industry?

The question is now ripe. Today, we can review early examples of blockchain technology in action, modernizing property conveyance. Specifically, blockchain applied to real estate has obvious potential for improving the deed recording process.

How will blockchain make things better?

January 16, 2019April 25, 2024

MyDec to be Required for All Cook County Illinois Real Estate Conveyances

Effective January 21, 2019, prior to recording, all Cook County property conveyance instruments must be accompanied by an electronically-completed Cook County Real Estate Transfer Tax Declaration, aka, a “MyDec,” which can be completed via the Illinois Department of Revenue’s MyDec Transfer Tax Portal – https://mytax.illinois.gov/mydec The requirement to use MyDec is already in effect for all property transfers in the City of Chicago, and is being extended to all property in Cook County, including “exempt” and “non-exempt” transfers. This requirement does not alter any local municipal requirements for transferring property, and must be fulfilled, even if the instrument is accompanied by a Grantor/Grantee Affidavit.