Recording Legal Term Definition

The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. RECORD, the act of making a record. 2. Sometimes questions arise as to the date on which the act of registration is completed, as in the following case. A deed of land acquisition was recognized in the register of deeds and given to it for registration, and at the same time a creditor of the grantor seized the property; In the present case, it was found that the admission document was incomplete without a confirmation certificate and, since the connecting creditor so wished, he had the preference. 10 Selection. 72. 3. The fact that a deed is registered is considered an implied notice to all subsequent purchasers of a legal or equitable succession in the same property.

1 John. Cpl. R. 394. 4. But all transfers and acts that can be registered de facto should not be considered as termination; To achieve this effect, the documents must be as they are admitted to registration and the registry must have been established in accordance with the law, failing which the registry must be considered a mere nullity and does not affect a subsequent buyer or debtor, unless it has effective notification, which would amount to fraud. 2 Sell. & Lef. 68; 1 Sch. & Lef. 157; 4 wheat. No.

466; 1 binn. No. 40; 1 John. Cpl. R. 300; 1 Narrative, Gl. jur. §§ 403 and 404; 5 Greenl. 272.1) A copy of a deed of ownership relating to title to land, such as a deed, shall be filed with the land registry (often called a county registrar, registry of deeds or similar) of the county in which the property is located. For reference, California Civil Code §§ 27279-27297.6 sets out the process for registering real estate deeds and documents. Behind the bill, the California Department of Real Estate Guide to Title 5 says states, including California, have adopted England`s registration system to create a registration system that could inform potential buyers or planners of real estate about ownership and title status.

According to the guide, this serves to protect innocent lenders and potential buyers from unknown legal defects such as undisclosed charges or privileges. However, the protection of record-keeping laws is not available to potential purchasers or lenders who assume ownership of them with effective notification of defects in ownership or other unregistered instruments. 1) v. (ree-cored) include a document in the official records of a county at the office of the County Recorder or Recorder of Deeds. The process involves taking or sending the document to the registrar`s office, paying a registration fee, assigning a number to the document (a document number, a tape or roll number, and a page number), stamped with the date (and usually time) of registration, and then in most modern offices, microfilmed and the document returned shortly thereafter. Usually, any document relating to the ownership of real property is recorded, such as a deed, escrow deed, mortgage, reassignment, discharge, declaration of ownership, easement, judgment, lien, application for default, foreclosure, satisfaction of judgment, decision on the division of a deceased person`s property, and sometimes long-term leases. These registers provide a traceable chain of ownership of the property and give the public “constructive” clues to any interest in the property. In most states, if there is more than one property document (e.g., two deeds, two mortgages, or a judgment and a hypothec), the first registered “age” and the first claim of ownership have in a so-called “courthouse race.” 2) v. Record or record minutes, financial transactions, discussions and other events at meetings. (3) n. in judicial proceedings, hearings or other judicial proceedings, all proceedings transcribed by a court reporter and recorded in the record of the clerk or judge, as well as all documents submitted in the case. In the case of an appeal, the minutes contain everything that happened prior to the appeal, on which the briefs (conflicting legal arguments) and the hearing are based.

In the appeal, the court can only consider the protocol, unless there is a claim for “newly discovered evidence.” At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. Sometimes questions arise as to when the act of registration is completed, as in the following case. A deed of land acquisition was recognized in the register of deeds and given to it for registration, and at the same time a creditor of the grantor seized the property; In the present case, it was found that the admission document was incomplete without a confirmation certificate and, since the connecting creditor so wished, he had the preference. Once a document is registered, this act usually creates a rebuttable presumption that the document has been given to the beneficiary. A registered document also gives a constructive indication that interested parties are aware of the contents of the registered instrument. For example, California Civil Code Section 2934 states: “Any assignment of hypothec and any assignment of economic interest under a trust deed may be registered, and from the time it is filed for registration, this shall be deemed to be implied notice of the contents of such hypothec to all persons.” In California, people interested in a title must register certain changes to that title. For example, California Civil Code Section 2932.5 requires registration where “power of sale is granted to a mortgagee or other debtor debtor.” In addition, California Business and Professions Code § 10233.2 requires registration of when real property is used as collateral for a promissory note.

Are you a lawyer? Visit our professional website » Abogado.com The #1 Spanish Legal Site for Consumers The fact that a deed is registered is considered an implied notice to all subsequent purchasers of a legal or equitable succession in the same property. FindLaw.com free and reliable legal information for consumers and legal professionals LawInfo.com National Directory of Law Societies and Legal Resources for Consumers But not all transfers and acts that can be registered de facto should be considered as termination; To achieve this effect, the documents must be as they are admitted to registration and the registry must have been established in accordance with the law, failing which the registry must be considered a mere nullity and does not affect a subsequent buyer or debtor, unless it has effective notification, which would amount to fraud.

This entry was posted in Uncategorized. Bookmark the permalink.