{"id":2944,"date":"2023-04-28T10:00:00","date_gmt":"2023-04-28T14:00:00","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=2944"},"modified":"2024-04-25T23:40:48","modified_gmt":"2024-04-26T03:40:48","slug":"frequently-asked-questions-recording-a-deed","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/frequently-asked-questions-recording-a-deed\/","title":{"rendered":"Frequently Asked Questions: Recording a Deed"},"content":{"rendered":"\n
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Test your deed awareness! How many of these questions can you answer before reading our thoughts?<\/p>\n\n\n\n\n\n\n\n

Q. Does a New Homeowner Get the Deed on Closing Day?<\/h2>\n\n\n\n

Probably not. Most new homeowners walk away from the closing table<\/a> with the keys, not the deed. After closing, the deed goes to the county recorder’s office. That office could be called the County Clerk\u2019s office, the County Recorder, or the Recorder of Deeds Office.<\/p>\n\n\n\n

How long does deed recording take? This depends on how busy the local recording office is. A call to the office can get the new homeowner a general timeframe.<\/p>\n\n\n\n

After the recording is done, a closing attorney or title company will send the new homeowner their copy of the deed.<\/p>\n\n\n\n

In short: While a deed, once signed and notarized, can be filed immediately, new homeowners generally must wait for their official deeds to come in the mail after closing. It might take between two weeks and three months for the city or county clerk to record a deed.<\/p>\n\n\n\n

Q. Does the Recording of the Deed Mean the Buyer Now Owns the Home, Free and Clear?<\/h2>\n\n\n\n

That\u2019s not what a deed does. A deed is a legal document that represents a transfer of property ownership from one party to another. The deed itself does not represent that real estate is free and clear of liens or defects.<\/p>\n\n\n\n

To be sure the title is free and clear, the home\u2019s new owner needs to have a title search<\/a> done. This occurs before closing in a normal real estate sale.<\/p>\n\n\n\n

If the transaction involves taking out a mortgage, the lender further safeguards the integrity of the title buy taking out a title insurance policy. The new homeowner can get an additional title policy that covers the buyer<\/a>.<\/p>\n\n\n\n

Q. Why Isn\u2019t Recording an Assurance of a Valid Deed?<\/h2>\n\n\n\n
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Generally, the recorder of deeds does not <\/em>examine a deed\u2019s validity. The recorder only ensures that the correct procedural elements are all present. The recorder\u2019s job does not include legal analysis or proofreading for errors. This means the county records will have, now and then, deeds with mistakes on them.<\/p>\n\n\n\n

See the Section below on \u201cmistakes to avoid\u201d for information on how deeds may be corrected with the county recorder where the property is located. And if you are unsure if some element of your deed is missing accurate information, consult with a local real estate attorney.<\/p>\n\n\n\n

Needless to say, deed recording errors can really mess things up for people who own property. And yes, from time to time, county deed recorders have knowingly committed wrongs. For instance, in 2016 a clerk in Cook County, Illinois was indicted for taking a bribe<\/a> in return for adding someone\u2019s name to a deed.<\/p>\n\n\n\n

Q. What\u2019s the Point of Recording a Deed With the County?<\/h2>\n\n\n\n

Recording a deed in the county makes it a public record. This means the ownership of the property is available for anyone to look up. For example, the owner of the home can go to the county website and check to see that:<\/p>\n\n\n\n