Recording is the act of filing a real estate document with the county recorder's office (also called the clerk of court, register of deeds, or land records office depending on the jurisdiction) to make it part of the permanent public record. Recorded documents are available for anyone to review, providing a transparent and accessible history of every property's ownership, liens, easements, and other matters affecting title. Recording is the foundation of the American real property system.
Documents commonly recorded in real estate include: deeds (transferring ownership), mortgages and deeds of trust (creating liens for loans), satisfactions of mortgage and reconveyances (releasing liens), assignments (transferring mortgage interests), lis pendens (notice of pending litigation), mechanic's liens, easements, plat maps, deed restrictions, and powers of attorney.
Recording establishes two critical legal principles. First, it provides constructive notice — once a document is recorded, the entire world is deemed to have knowledge of its contents, regardless of whether anyone actually reads it. This means a buyer cannot claim ignorance of a recorded lien or easement. Second, recording establishes priority — the general rule is "first in time, first in right." A mortgage recorded today has priority over one recorded tomorrow. This priority system is essential for lenders, who need to know their mortgage holds the senior position.
To be accepted for recording, a document must meet specific requirements: it must be an original (not a copy, though some jurisdictions accept certified copies), properly executed (signed and notarized), contain a valid legal description, include all required information (parties, consideration, etc.), and be accompanied by the correct recording fees and any applicable documentary stamps or transfer taxes. Defective documents may be rejected.
At closing, the title company records the deed and mortgage immediately after the transaction is funded — typically the same day or the next business day. At Beycome Title, we handle all recording and verify that documents are properly indexed in the public records. We track every recording to ensure the buyer's deed and the lender's mortgage are properly filed, and we monitor for the recording of lien releases from the seller's paid-off loans. Get your free closing estimate.