Stale Deed - Posted by Rob

Posted by Michael Morrongiello on June 17, 2000 at 22:43:53:

If the notary was a VALID notary of the state at the time the document WAS executed then I believe your document is OK and will hold up and also be insurable even if it is recorded at a later date.

In a strict sense, Remember a conveyance of title takes place WHEN a deed is delivered, it DOES NOT necessarily have to be recorded of record to constitute a transfer of title. The reason the deed IS recorded it to PERFECT ones interest of public record for all of the world to see and be aware of.

Michael Morrongiello

Stale Deed - Posted by Rob

Posted by Rob on June 17, 2000 at 06:56:51:

When doing a lease option, I get the seller to sign a deed. Of course the deed is notorized. As you know, the notory writes in a blank, when his commission expires. I noticed that the notory’s commission expired already. I have not yet exercised my option. Will I have a problem when it comes time to record since the notory’s commission has expired?

Michael is right, as always, - Posted by David Krulac

Posted by David Krulac on June 18, 2000 at 17:10:51:

I have recorded 20 year old deeds. It depends on the recording office. In one they require an affidavit stating why the deed was not recorded. Other counties in the same state require nothing. The state is concerned that delayed recodings are used to get out of paying the nearly standard 2% transfer tax here.
(see my post above about whether deeds must be recorded…NO!)
David Krulac