Uh Oh, Owner's Deed Not Recorded

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I found this cozy (meaning small) rental house. Numbers look good, owner (free and clear) will carry paper and is motivated. Problem is, she didn't record the deed when she bought the place ten years ago. She has it, as I just saw it today. No docs or liens have been recorded on this parcel since, but are there dangers in having a property that wasn't recorded at its last sale?

Comments(5)

  • DaveT9th April, 2004

    If she has a valid deed in her possession, it can still be recorded, even if your settlement attorney has to do it.

  • CGOODEN9th April, 2004

    I have recently had the same situation occur on a property, As long as all the owners paperwork and deeds are in order, she can still go down and record the deed. When you get ready to close, the title company will verify everything anyway. As long as the deed is recorded before you try to close, you shouldn't have a problem.

  • myfrogger9th April, 2004

    I would run screaming to your attorney and make sure he/she can help you make sure everything is taken care of correctly.

  • jackman9th April, 2004

    well, as is stands "the owner" isn't currently the "owner" at all. haha. someone better run that deed down and drop the $58 (or whatever it is where you are) in the recorder of deeds office quick!

    doesn't sound like it'll be a prob tho, just don't put it off.

  • JohnMerchant10th April, 2004

    A signed & notarized deed can always be recorded, and so far as I'm aware, there is no Statute of Limitations saying there's any cutoff date for such.

    Your title insurance co. will do this for you as part of your deal so as to make sure there is good recorded chain of title to you.

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