Recording

Recording, as it concerns real estate, is the process of documenting legal instruments in official state records. Legal instruments in this case include deeds, mortgages, leases, easements and court orders. There is oftentimes a miscellaneous category as well that covers any other instruments that may affect the title to a piece of real estate. States establish their recording systems and ensure there is a recording office located in each county. Recording legal instruments is the only valid, legal proof of liens, mortgages or other instruments held against real estate. An interested buyer who purchases in good faith a piece of real estate with unrecorded instruments held against the property will not be responsible for them as, per the lack of recording, the buyer is considered unaware. If an instrument has been recorded, then any purchaser would be considered aware, even if the purchaser failed to properly research the real estate recording records.