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Therefore, liens are not officially recorded, and personal property could be sold off to a third party who is unaware of the lien's existence. In most states, judgment liens must be filed by the creditor through the county or state.
Mechanic's lien. Which of the following liens does not need to be recorded to be valid? A statutory lien is created by statute. A real estate tax lien, then, is an involuntary, statutory lien.
Preliminary Title Report- California case law is clear that a preliminary title report cannot be relied upon as a true and reliable condition of title to real property.No duties or liabilities arise with a preliminary title report. Therefore, there is no liability to a title company if any recorded document is missed.
If the borrower on a recorded mortgage defaults, the lender can foreclose and either be paid in full or receive the property. However, if a mortgage or deed of trust was not recorded, the lender cannot foreclose against the property, just against the defaulting borrower personally.
Although recording statutes vary between U.S. states, they virtually all require that an interest in real property be formally recorded in the appropriate county office in order to be valid.If your deed has not been recorded, you are not recognized as the legal owner of your property.
In the case of mortgage liens, courts use the date of a recording to determine the priority for which liens should receive payment first. To understand which documents have been or must be recorded, check with your state and county recording division.
According to the Ohio Revised Code (ORC), it is the duty of the County Recorder to record all deeds, mortgages, plats or other instruments of writing that are required or authorized by the ORC.
In order to clear the title to the real property owned by the mortgagor, the Satisfaction of Mortgage document must be recorded with the County Recorder or Recorder of Deeds. If the mortgagee fails to record a satisfaction within the set time limits, the mortgagee may be responsible for damages set out by statute.
A "lien" is a notice that attaches to your property, telling the world that a creditor claims you owe it some money. A lien is typically a public record.Liens are a common way for creditors to collect what they're owed.