A few caveats in the world of publicly recorded documents, specifically for real estate, is the title of a document. For instance, if you are recording a substitution of trustee by itself you are charged for one document, however if you have a title such as substitution of trustee and full reconveyance, then that counts as two documents for most county recorders since there are two titles. This then brings the fees to double or at best, a discount if allowed.
Another troublesome spot is when people execute a deed like a quitclaim deed for a state that will record it since it meets the recordability standards, but the actual title (ownership) was not transferred. For example in Texas, one can prepare and record quitclaim deeds all day long and until that title is sold or part of an escrow, the owner that was party to the quitclaim transfer will learn that they needed to record a warranty deed. Sometimes it is too late and parties that were part of a transaction have since deceased creating a real mess for all involved, especially when a sale of a property is necessary.
Word to the wise, please verify what documents are considered viable with a title company or real estate attorney licensed for the state where the property is located and to be transferred before you prepare a new deed. Also double check pricing to reduce rejection by county at time of recording.
Aaron A. Romano, is the founder and owner of Smartdeeds.com, which since 1997 has focused solely on preparing and recording UPL compliant deeds with their respective required forms in all 3,600 counties across America. Aaron’s background was in the financial services industry which spawned Smartdeeds and affiliate companies to assist his client’s that owned property in states other than where they resided, to be placed securely in a newly created living trust document.
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (800) 846-1555
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