Post-Closing Matters

AuthorGregory M Stein - Michael D Goodwin - Morton P Fisher Jr
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.
ste54861_09_ch09_359-364.indd 359 8/3/16 10:58 AM

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