Recording
Filing a document — like a mortgage, deed, or assignment — in the county land records to make it part of the public chain of title.
Recording is the act of filing a real estate document — a deed, mortgage, deed of trust, assignment of mortgage, or release — with the county recorder (or register of deeds) so it becomes part of the public land records. Recording is how the world is given notice of who owns a property and what liens are attached to it. For note buyers and sellers, proper recording is the mechanism that makes a lien enforceable against third parties and keeps the chain of title intact.
Why recording matters
The United States uses a recording system to establish priority and notice. The general rule in most states is "first in time, first in right" among recorded interests, often modified by notice/race-notice statutes. The practical consequences for a mortgage note:
- Lien priority. A recorded mortgage establishes the holder's place in line. An unrecorded lien can be wiped out by a later party who records first without notice of it. This is why a note's first-lien position depends on the security instrument being properly recorded.
- Constructive notice. Once recorded, everyone is legally deemed to know about the interest, even if they never actually saw it.
- Enforceability. Recording the security instrument (and any assignments) is generally necessary before a holder can foreclose.
Recording in a note sale
When you sell a note, the transfer of the lien to the buyer is documented by an assignment of mortgage that is recorded in the same county. This updates the public record to show the buyer as the new secured party. If a prior assignment in the chain was never recorded, a corrective or confirmatory recording may be needed at closing — a common reason an otherwise simple sale needs a little cleanup. The closing title company typically handles preparation and recording.
What gets recorded over a note's life
- The original mortgage or deed of trust (at origination)
- Each assignment as the note changes hands
- Any loan modification or subordination agreement that affects the lien
- The release or reconveyance when the loan is paid off
Practical tips for sellers
Confirm that your security instrument and every assignment leading to you were actually recorded — not just signed. Recorded documents carry a stamp with the book/page or instrument number and date. A note whose lien and assignments are all properly recorded is clean on this front, supports a strong title search, and sells faster. Unrecorded or improperly recorded documents are curable but can delay closing and pressure price.