Posted on: 21st Apr, 2010 11:01 am
Is the date of a deed what is looked at in the history of a property, or is it the recording date?
It's the date of the deed itself - recording often takes quite a bit of time in an active market, for example. Clerk's offices are jammed up with paperwork quite often.
That's what we have always understood. We have a couple of deeds that were recorded out of order, but their dates are in order. The title company says that the deeds need to be re-recorded in the correct order; naturally, we don't agree. Any advice?
if you have two mortgages, and the second mortgage was recorded ahead of the first mortgage, guess which one will now take precedence. they're right about that...my thoughts were more relevant to warranty and/or quit claim deeds, not necessarily the mortgage deeds.
in the recording of mortgages, whoever comes first is first; so in this case, i believe they're right on the money.
in the recording of mortgages, whoever comes first is first; so in this case, i believe they're right on the money.
I purchased a property, amd immediately refinanced it. The two mortgages with MERS are recorded in order, but the discharge for the first was recorded after the second mortgage was recorded. Is that a problem?
It might be a problem for you if the first mortgage was recorded after the second. You should contact your first lender and check out if you need to take any steps in order to rectify the matter.
The discharge won't have any impact on the situation. It got filed when it got filed, and that's that, pretty much. The important thing is that the debt underlying the mortgage is paid in full, and that the release has been recorded. Timing, and precedence, isn't really an issue.