Post-Closing Matters

• Author: Gregory M Stein - Michael D Goodwin - Morton P Fisher Jr
• Pages: 359-363

359

CHAPTER 9

Post-Closing Matters

§ 9.01 Recordation of Documents

The parties’ f‌irst order of business after the closing should be to

see that all documents that must be recorded are delivered to the

county recording off‌ice. In most cases, the title insurance company

or escrow agent will assume responsibility for performing this task.

The title insurer has a signif‌icant personal interest in ensuring that

these documents are recorded correctly and promptly. It probably

has issued policies of title insurance or irrevocable commitments that

assume that all of these documents will be recorded, and under the

current American Land Title Association form of title insurance policy,

it bears the risk if other documents are recorded between the policy

date and the time it records the deed and mortgage.1 The title insurer

will not want to entrust this important responsibility to someone else.

Comment: It is very important that the lawyer follow up with the title

company to be sure that all documents have been recorded and that

they have been recorded in the proper sequence. Title agents—and even

title companies—have been known not to record documents promptly, a

failure that can lead to serious problems later. Even if a party has received

title insurance, its lawyer should verify that recordation has occurred in

a timely manner. The lawyer should also be sure to conf‌irm that all old

mortgages have been satisf‌ied of record.

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