Real Estate Recording

The Ten Commandments of Real Estate Recording

I. Prepare the Documents legibly according to statutory requirements of each state, or, in the absence of statutes, according to best practices, leaving sufficient blank space for the recorder’s stamp.

II. Properly title, date, and execute the document including typed names and titles beneath all signatures. Make sure each name and signature is consistent throughout the document.

III. Properly witness and/or acknowledge all documents according to the laws of the state of recording, including a complete, legible notarial certificate.

IV. Include the complete legal description of the property with all initial recordings, and on subsequent recordings where required by statute.

V. Properly reference previously recorded documents when you submit related documents for recording. This may include document numbers, book and page numbers, and recording dates

VI. Include the Name and Address of preparer and the return address for the document. Also include your telephone number because some jurisdictions will call if they notice a minor, correctible problem.

VII. Identify schedules and exhibits clearly, and number the pages so the jurisdiction can tell that they belong with the document.

VIII. Include the correct fee and applicable taxes, and use a separate check for the taxes.

IX. Include a self-addressed, stamped envelope to ensure return of the document.

X. Check your work, especially for extra fees, to make sure your document is complete for recording in order to avoid rejection.