Recording — Protecting Your Ownership Rights

Recording is the act of entering documents into the public record at the county recorder's office.

Why recording matters:

Provides constructive notice — everyone is legally presumed to know what is in the public record

Establishes priority among competing claims

Protects against subsequent purchasers

Types of notice:

Actual notice — you personally know about it

Constructive notice — it's in the public record; you are legally presumed to know

Inquiry notice — visible facts that should prompt further investigation (tenant in possession, physical changes to property)

Recording acts (state laws protecting buyers):

Race statute — first to record wins (even if they know of prior claim)

Notice statute — subsequent bona fide purchaser without notice wins

Race-notice statute — first to record AND without prior notice wins (most common)

ALWAYS record the deed at closing. Until recorded, the grantee's claim can be defeated by a subsequent purchaser who records first.

Reference:

Wikipedia: Recording (Real Estate)

https://en.wikipedia.org/wiki/Recording_(real_estate)