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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2247
Experience:  Experience in residential real estate and commercial leases.
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If a deed is transferred but not recorded reasons is the new

Customer Question

If a deed is transferred but not recorded for whatever reasons is the new owners deed invalid or without rightful ownership.?
And what about priority of ownership
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.

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It is not necessarily invalid but you are not recognized as the legal owner and therefore a question is raised as to the real owner of interest in the property, that is a "cloud" is on the title. If the deed was recorded it would have prevented another loan being taken out and the use of the property to secure the loan. Unfortunately, without the recording, the parties technically do not have a legal interest the is priority to the lenders interest which was recorded.

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Customer: replied 1 year ago.
The deed was not recorded immediately
It was later.
What happens in the interim of time delays?
Is it not bases on dates of the chronology of actual deeds and sales versus any known or unknowingly recording delayed dates?
Expert:  J. Warren replied 1 year ago.

It is the recording dates that control for purposes of the property being used to secure a loan.

Customer: replied 1 year ago.
if a title company which normally takes few months to record
Is defrauded during the time delay they have no priority or rights ?
Expert:  J. Warren replied 1 year ago.

Title company would have a claim against the party that committed the fraudulent borrowing of money against the property in which they conveyed to another party before seeking to obtain another loan.