Necessity of Recording

This is not a substitute for legal advice. An attorney must be consulted.

ALABAMA

Recording is an act of filing an instrument with a government official or agency. In Alabama, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument. An instrument is recorded with office of the probate judge for the county where the real estate is located. For mortgages and other liens, the date of recording often determines the priorities between competing liens. Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate. In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.

In Alabama, an instrument must include the name and address of the person who prepared it and the marital status of the grantor to be recorded. An instrument must be acknowledged. The recording fees for filing an instrument are set by statute. If the instrument describes real estate by reference to a plat, a copy of the plat must be attached. Black's Law Dictionary, Fifth Edition. Alabama Code §12-9-90; 35-50, 51, 73, 90, 110.

ALASKA

Recording is an act of filing an instrument with a government official or agency. In Alaska, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument. An instrument is recorded with the office of the recorder where the real estate is located. For mortgages and other liens, the date of recording often determines the priorities between competing liens. Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate. In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.

An instrument must be acknowledged. The recording fees for filing an instrument are set by statute. Black's Law Dictionary, Fifth Edition. Alaska Code §34.15.260.

ARIZONA

Recording is an act of filing an instrument with a government official or agency. In Arizona, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument. An instrument is recorded with the office of the county recorder where the real estate is located. For mortgages and other liens, the date of recording often determines the prio...

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