LAWCHEK� & Lawsonline�
Personal Legal Sourcebooks
"LAWCHEK� Real Estate"

This is not a substitute for legal advice.  An attorney must be consulted.

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  Necessity of Recording
Please see specific state for details.


ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA 
 GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND 
 MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA 
 NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO 
 OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE 
 TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
Recording is an act of filing an instrument with a government official or agency.  In Alabama, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with office of the probate judge for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Alabama, an instrument must include the name and address of the person who prepared it and the marital status of the grantor to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  If the instrument describes real estate by reference to a plat, a copy of the plat must be attached.  Black�s Law Dictionary, Fifth Edition.  Alabama Code 12-9-90; 35-50, 51, 73, 90, 110.

ALASKA
Recording is an act of filing an instrument with a government official or agency.  In Alaska, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the office of the recorder where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Alaska Code 34.15.260.

ARIZONA
Recording is an act of filing an instrument with a government official or agency.  In Arizona, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the office of the county recorder where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Arizona, an instrument must include a caption stating the nature of the instrument to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Arizona Code 11-461;  33-412.

ARKANSAS
Recording is an act of filing an instrument with a government official or agency.  In Arkansas, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the circuit clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Arkansas, an instrument must include the name and address of the preparer to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Arkansas Code 14-15-403-04;  21-6-306;  26-60-107.

CALIFORNIA
Recording is an act of filing an instrument with a government official or agency.  In California, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In California, an instrument must include the name of the person requesting recording and the name and address of the person to whom it is to be returned to be recorded.  An instrument must be acknowledged to be recorded.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  California CC 1169;  Gov�t. C. 27287, 27360-83, 27387, 27387.1.

COLORADO
Recording is an act of filing an instrument with a government official or agency.  In Colorado, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder and county clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Colorado, an instrument must include the legal description and street address of the real estate to be recorded.  An instrument does not need to be acknowledged to be recorded.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Colorado Code 38-35-109, 122;  30-1-103.

CONNECTICUT
Recording is an act of filing an instrument with a government official or agency.  In Connecticut, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the town clerk for the town where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Connecticut, an instrument must include the identities of the parties and the specifics of the transaction  to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Connecticut Code 47-1 onward.

DELAWARE
Recording is an act of filing an instrument with a government official or agency.  In Delaware, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Delaware, an instrument must include the name and address of the person preparing it to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Delaware Code 25-151.

FLORIDA
Recording is an act of filing an instrument with a government official or agency.  In Florida, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the clerk of circuit court  for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Florida, an instrument must include the name and address of the preparer and grantor(s) to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Florida Code 95.01-.015; 28.24(15).

GEORGIA
Recording is an act of filing an instrument with a government official or agency.  In Georgia, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the clerk of superior court for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Georgia, an instrument must include the name and address of the preparer and grantor(s) to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.

HAWAII
Recording is an act of filing an instrument with a government official or agency.  In Hawaii, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the office of the register of conveyances in Honolulu.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Hawaii, an instrument must include the names and addresses of the grantor(s) and grantee(s) and their marital status to be recorded.  The tax map key number also must be included.  An instrument must be acknowledged to be recorded.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Hawaii Chapter 501 and 502.

IDAHO
Recording is an act of filing an instrument with a government official or agency.  In Idaho, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Idaho, an instrument must include the names and addresses of the parties to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Idaho Code 55-801; 31-3205.

ILLINOIS
Recording is an act of filing an instrument with a government official or agency.  In Illinois, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder or clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Illinois, an instrument must include the name and address of the preparer and the tax ID number for the real estate to be recorded.  An instrument does not need to be acknowledged to be recorded.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Illinois Code 765-5/28 through 30; 765-205/2.

INDIANA
Recording is an act of filing an instrument with a government official or agency.  In Indiana, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Indiana, an instrument must include the names and addresses of the witnesses, grantor(s) and the preparer to be recorded.  An instrument must be acknowledged to be recorded.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Indiana Code 32-1-2-18; 36-2-11-15, 16.

IOWA
Recording is an act of filing an instrument with a government official or agency.  In Iowa, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Iowa, an instrument must include the name and address of the preparer to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Iowa Code
558.41;  331.604.

KANSAS
Recording is an act of filing an instrument with a government official or agency.  In Kansas, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Kansas, an instrument must include the names and addresses of the parties to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Kansas Code
19-1204; 28-115; 58-2221, 2222, 2223.

KENTUCKY
Recording is an act of filing an instrument with a government official or agency.  In Kentucky, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Kentucky, an instrument must include the name and address of the grantor(s), grantee(s), and preparer  to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Kentucky Code 382.110, .140, .335.

LOUISIANA
Recording is an act of filing an instrument with a government official or agency.  In Louisiana, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder of mortgages or register of conveyance for the parish where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Louisiana T.9, 5353.

MAINE
Recording is an act of filing an instrument with a government official or agency.  In Maine, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the registry of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Maine, an instrument must include a proper identification of the parties including mailing addresses and the real estate to be recorded.  An instrument must be acknowledged to be recorded.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Maine T.33,
201-203, 751;  T.11, 9-401.

MARYLAND
Recording is an act of filing an instrument with a government official or agency.  In Maryland, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the circuit court clerk for the county or the Baltimore clerk of court where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders. 
In Maryland, an instrument must include the certification of the attorney or party preparing it and an affidavit regarding the amount of consideration paid including the amount of any mortgage assumed to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Maryland Real Prop. Art.
3-101 through 104, 601.

MASSACHUSETTS
Recording is an act of filing an instrument with a government official or agency.  In Massachusetts, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the registry of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Massachusetts, an instrument must include a statement indicating the land conveyed is the same as that identified in previous instruments, or states that no new boundaries are being recorded, or identifies the land by reference to a previously recorded plan.  The instrument must also include the full name and residence of the grantee(s) or mortgage, their P.O. Box, the address of the land, and a recitation of consideration paid to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Massachusetts C. 183.

MICHIGAN
Recording is an act of filing an instrument with a government official or agency.  In Michigan, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Michigan an instrument must include the marital status of the grantor(s) and the P.O. Box of the grantee(s) to be recorded.  It should also include the names and addresses of the parties and the two (2) witnesses.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Michigan CLA 565.1 onward.

MINNESOTA
Recording is an act of filing an instrument with a government official or agency.  In Minnesota, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Minnesota, an instrument must include the name and address of the preparer and the name and address of the person to whom the statements are sent to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Minnesota Chapter 507.

MISSISSIPPI
Recording is an act of filing an instrument with a government official or agency.  In Mississippi, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the clerk of chancery court for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Mississippi Code
89-3-1 onward.

MISSOURI
Recording is an act of filing an instrument with a government official or agency.  In Missouri, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Missouri, an instrument must include the mailing address of the grantee(s) to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Missouri Code
442.403, .380-.400;  59.310 onward.

MONTANA
Recording is an act of filing an instrument with a government official or agency.  In Montana, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county clerk and recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Montana, an instrument must include an attached realty transfer certificate in the case of transfer of real estate to be recorded.  An instrument must  be acknowledged to be recorded.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Montana Code
70-21-201 onward; 15-7-301 through 311; 70-4-2631, 2632.

NEBRASKA
Recording is an act of filing an instrument with a government official or agency.  In Nebraska, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county clerk or register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Nebraska, an instrument must include the names of the parties and a description of the real estate to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Nebraska Code
76-219 onward.

NEVADA
Recording is an act of filing an instrument with a government official or agency.  In Nevada, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Nevada, an instrument must include the names and addresses of the grantor(s) and grantee(s), the grantee(s) mailing address and the assessor�s parcel number to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Nevada Code
111.312-.325;  247.190, .305.

NEW HAMPSHIRE
Recording is an act of filing an instrument with a government official or agency.  In New Hampshire, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In New Hampshire, an instrument must include the name and mailing address of the grantee(s) to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  New Hampshire C. 477,
3a-26; C. 478, 17-g.

NEW JERSEY
Recording is an act of filing an instrument with a government official or agency.  In New Jersey, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the register or clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In New Jersey, an instrument must include the printed names of the parties and witnesses signing it to be recorded.  The printed name and address of the person preparing the instrument should be included as well.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. New Jersey Code
46-15-1.1 onward; 46-22-1; 22A-4-4.1.

NEW MEXICO
Recording is an act of filing an instrument with a government official or agency.  In New Mexico, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In New Mexico, an instrument must include the names and addresses of the parties and witnesses to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. New Mexico Code
14-8-1 onward; 14-9-1 onward.

NEW YORK
Recording is an act of filing an instrument with a government official or agency.  In New York, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county clerk or register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In New York, an instrument must include identification of the real estate and the parties to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  New York R.P.L.
290-334.

NORTH CAROLINA
Recording is an act of filing an instrument with a government official or agency.  In North Carolina, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In North Carolina, an instrument must include the name of the person preparing it to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  North Carolina Code
47-14, 17, 17.1, 18, 20; 43-1 onward.

NORTH DAKOTA
Recording is an act of filing an instrument with a government official or agency.  In North Dakota, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In North Dakota, an instrument must include the post office and street address of the grantee(s) to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. North Dakota Code
47-19-01 onward.

OHIO
Recording is an act of filing an instrument with a government official or agency.  In Ohio, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Ohio, an instrument must include the name and address of the person preparing it to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Ohio Code
317.08, .111; 5301.23-.25; 5313.02.

OKLAHOMA
Recording is an act of filing an instrument with a government official or agency.  In Oklahoma, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Oklahoma, an instrument must include the mailing address of the grantee(s) or mortgagee(s) to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Oklahoma Code
16-26; 19-261, 198; 28-32.

OREGON
Recording is an act of filing an instrument with a government official or agency.  In Oregon, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Oregon, an instrument must include the amount of consideration paid to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Oregon Code
93.480, .635 through .770; 205.320; 203.148.

PENNSYLVANIA
Recording is an act of filing an instrument with a government official or agency.  In Pennsylvania, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the recorder of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Pennsylvania, a deed must be recorded within ninety(90) days of execution.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Pennsylvania Code
21-356, 357, 444, 445, 621; 21-42 through 45.

RHODE ISLAND
Recording is an act of filing an instrument with a government official or agency.  In Rhode Island, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the town or city clerk for the town or city where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.  Black�s Law Dictionary, Fifth Edition. Rhode Island Code �34-11-1; 34-12-1, 2; 44-7-11; 34-13-7, 8.

SOUTH CAROLINA
Recording is an act of filing an instrument with a government official or agency.  In South Carolina, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the register of mesne conveyances for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In South Carolina, an instrument must include a derivation clause and mailing address of the grantee or mortgagee in the case of deeds or mortgages to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. South Carolina Code �30-7-10; 30-5-30, 35; 30-9-30.

SOUTH DAKOTA
Recording is an act of filing an instrument with a government official or agency.  In South Dakota, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In South Dakota, an instrument must include the name, address and telephone number of the person preparing it to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. South Dakota Code �43-28-1 onward; 7-9-1.

TENNESSEE
Recording is an act of filing an instrument with a government official or agency.  In Tennessee, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county register for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Tennessee, an instrument must include the name and address of the person who prepared it to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Tennessee Code �66-24-101 onward; 8-21-1001; 66-26-102.

TEXAS
Recording is an act of filing an instrument with a government official or agency.  In Texas, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Texas, an instrument must include the name and address of the grantee(s) to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Texas Prop. Code
11.002, 12.001, 13.001, 13.002; Loc. Gov. Code 118.011.

UTAH
Recording is an act of filing an instrument with a government official or agency.  In Utah, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county recorder for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Utah, an instrument must include a legal description of the real estate and the names and addresses of all grantees to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Utah Code
57-3-1 onward; 21-2-3.

VERMONT
Recording is an act of filing an instrument with a government official or agency.  In Vermont, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the clerk�s office for the town where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Vermont, an instrument must include the signatures of two (2) or more witnesses to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Vermont Code 27-341.

VIRGINIA
Recording is an act of filing an instrument with a government official or agency.  In Virginia, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Virginia, an instrument must include the names of the parties and a description of the consideration paid to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Virginia Code
11-1; 55-96 through 113.

WASHINGTON
Recording is an act of filing an instrument with a government official or agency.  In Washington, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Washington, an instrument must include a description of the real estate to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition. Washington Code
65.04.030; 65.08.060-.070.

WEST VIRGINIA
Recording is an act of filing an instrument with a government official or agency.  In West Virginia, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In West Virginia, an instrument must include the name and address of the person preparing it to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  West Virginia Code
39-1-2; 59-1-10; 40-1-8 onward.

WISCONSIN
Recording is an act of filing an instrument with a government official or agency.  In Wisconsin, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the register of deeds for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Wisconsin, an instrument must include the name and address of the person preparing it to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Wisconsin Code
59.51, .513; 70.27; 706.05, .08.

WYOMING
Recording is an act of filing an instrument with a government official or agency.  In Wyoming, an instrument must be recorded to give notice to creditors and subsequent purchasers of the real estate who have no actual knowledge of the transaction evidenced in the instrument.  An instrument is recorded with the county clerk for the county where the real estate is located.  For mortgages and other liens, the date of recording often determines the priorities between competing liens.  Priority refers to which lien is entitled to be paid first in the event of the sale of the real estate.  In the case of competing deeds, the date of recording often determines priority of title between the competing titleholders.
In Wyoming, an instrument must include the address of the grantee, mortgagee, or assignee to be recorded.  An instrument must be acknowledged.  The recording fees for filing an instrument are set by statute.  Black�s Law Dictionary, Fifth Edition.  Wyoming Code
34-1-104 onward; 18-3-402.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

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