Deed Date: Signed or Recorded?

[Terrel L. Shields]

A deed does not become legal upon recording; it's already legal before it's recorded.

In the "race to the courthouse" states you'd best have the first oil and gas lease recorded if you want to keep it legal.

 

[Meandering]

Here,

The transfer of ownership must be in writing and recorded. That's our state law

 

[Webbed Feet]

Hey, if anyone wants one that will really mess things up... Try a condo developer that signs and notarizes the grantor signature on deeds when there is no grantee at all. Then many months later, when an accepted offer is made, puts the buyers name on a deed signed by the grantor months before.

What was the date of transfer? No buyer existed the date showing on the deed the Grantor signed it, and the date of execution of the deed is nowhere to be found on the deed. There is no "buyers" signature or notarization of when the grantee's name was placed on the deed.

 

[Roseybike]

Recently I have come across several deeds that have no date except the date recorded and the notary's date - go figure

 

[Webbed Feet]

Here,

The transfer of ownership must be in writing and recorded. That's our state law

Does the law say the legal date of ownership transfer is the recording date? I'd bet even though the law says transfer has to be recorded, that doesn't mean that a resulting recording date is the date of ownership transfer. Betcha the courts say if you hand me a deed with my name as grantee, and I take possession, I own it recorded or not. I would think the problem comes in if constructive notice is not given and you proceed to sell the property to five or six more people.

 

[The Warrior Monk]

In the "race to the courthouse" states you'd best have the first oil and gas lease recorded if you want to keep it legal.

I'm not saying it's advisable to not record, but it's not necessary (unless state law dictates otherwise). Some parties intentionally hold back the recording of a deed; the common one nowadays involves flips.

 

[Tom McDowell]

North Carolina is a race state the first one to record is the legal owner. So i would use recording date

 

[ctapraser]

Recording is a must when the BUYER wants protection. What good is buying a property if only you and the seller know it is now yours? Seller could just keep on selling...and selling...

 

[Walter Kirk]

A deed is legal upon execution and delivery, in some jurisdictions it can be enforced only upon recording. The signing date represents the date that the sales contract closes. since appraisers are concerned with the economic details of the transaction either the contract date or the deed date should be used. I use both.

 

[CANative]

Yes, yes, yes. But what does ANY of this have to do with appraising?