Why Record a Deed?
Thursday, January 3rd, 2008Your deed is considered complete once it has been signed, sealed and delivered. Recording the deed is not required by law in order for the transfer from the seller to the buyer to take place. However, in order for you to be covered to protect yourself from future claims on the title, you should record the deed. This should be done simultaneously with the closing or as soon after the close of escrow as possible. In New Jersey, you should visit your local county clerk office to record the deed. You need to pay a recording fee and have the seller remit the Realty Transfer tax to you or your attorney.
Recording the deed protects you and stops anyone from jumping forward and recording a document, such as a judgment, in it’s place. To record a deed yourself you need only to take the deed to the appropriate recording office in your area. The recorder will then index and transcribe the deed in the public records and it will be available for anyone to see. “Constructive notice” is said to be given once the deed is recorded.
The deed becomes part of the property’s chain of title. If anyone were to look up your property, your name would show up as the official owner. You want to be sure that your name and address is correct on the deed, as your real estate tax bills will be sent to the name and address listed at the recorder’s office.
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