What happens if my mortgage company failed to record my deed?

Posted on Feb 24, 2013 in Unique Loan Programs

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by MANILA IMPERIAL MOTOR SALES . . . .

Question by WAAH: What happens if my mortgage company failed to record my deed?
My mortgage company informed me they did not file the deed and wants me to record it. Am I required to have the deed recorded? What happens if i don’t record it?

Best answer:

Answer by wizjp
Means you don’t own the property. At least not legally as without a deed in the public record, there is no constructive notice that is required.

Record it.

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3 Comments

  1. In your closing costs you pay a couple hundred to have the deed recorded by the mortgage company. So you next step is to go back to them and tell them you paid in your closing costs to have it taken care of and they need to get it taken care of at Their expense. OR they owe you a refund of the costs that you paid them to do so and you can go do it yourself.

  2. Your mortgage company don’t record the any deeds in a real estate transaction. This is a function of the title company that was hired to make sure there all liens are paid and you are provided with a clear lien with the exception of the mortgage company you obtain to finance your house.

    You paid through a closing agent a title company to record this deed on your behalf. They should be required to do their job.

    Your deed should have been recorded by the title company immediately after the close of your transaction.

    If for some reason there was a mistake on the part of your mortgage company,there should be an explanation, the mistake corrected by your mortgage company and the recording should take place through the title company used in the purchase transaction.

    You might would want to check and see if the title company recorded the note of the mortgage company. Without the note being recorded their is no legal lien on the property proving they have lent you money to purchase the property. Normally the title deed and note are recorded on the same day at the same time.

    Failure on the part of a deed going unrecorded would leave open the possibility of some one else recording a deed in their name.

    I hope this has been of some benefit to you,good luck.

    “FIGHT ON”

  3. Recording a deed provides YOU a proper level of legal ownership. Recording such a deed is NOT the responsibility of the mortgage lender. Rather, that is the responsibility of the title firm which handled your purchase. And, in the end, it is actually YOUR responsibility to insure such recording of deed, since you are the purchaser.

    If you do NOT record, you will not have proper legal evidence of ownership. If you are thinking that the lender will not have any recourse against you in the event of a foreclosure, think AGAIN. When you signed your mortgage loan, you gave authorization to the lender to ‘encumber’ your property. Failure to record changes NOTHING in such regard.