Deeds & Title
The act of filing a deed or other document in the county clerk's office to provide public notice of a real estate interest.
Recording is the process of filing a document, such as a deed, mortgage, lien, or easement in the public records of the county where the property is located. Recording provides constructive notice to the world that the document exists. In New York, recording is governed by a race-notice statute: a subsequent purchaser who records first and had no notice of a prior unrecorded interest prevails. Recording is not required for a document to be valid between the parties, but it protects the holder against claims from third parties.
Exam Tip
Recording is not required for validity between buyer and seller, but it protects against third-party claims. In a race-notice state like NY, the first to record (without notice of prior claims) wins.
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Deeds & Title
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