What Are Recording Acts? Primary tabs. A law regulating the recording of deeds and other interests in property. A recording act also determines priority between parties claiming interests in the same property. See Race statute, Notice statute, and Race-notice statute (three major types of recording acts). What is the recording statute? Also known as recording
Why Are Real Estate Instruments Recorded In The County In Which The Property Is Located? This system was designed to protect innocent lenders and purchasers against secret sales, transfers, or conveyances and from undisclosed encumbrances/liens. The purpose of this system is to allow the title to the real property to be freely transferable. What are
Does An Assignment Of Mortgage Have To Be Recorded? Does an assignment of mortgage have to be recorded? Civil Code section 2932.5, which mandates that an assignee of a mortgagee must record the assignment before exercising a power to sell the real property, only applies to mortgages and does not apply to deeds of trust.