The mortgage note is marked paid, and a deed of reconveyance is issued to the homeowner showing the mortgage has been paid off. It is important to ensure the document is accurate, as you will keep it and record it by submitting it to the county registrar or records office. This is the official action required to publicly declare the deed clear of any liens or outstanding debts. If a reconveyance is not recorded in the public records, or if there are errors, records searches in the future may show the title as not clean. Learn more about reconveyance deeds and how to ensure they’re recorded correctly.
Recording a Reconveyance Deed
A deed of reconveyance must be recorded in the public records of the county where the property is located. If the deed of reconveyance is lost or destroyed, it creates a title issue and creates a clouded title because nothing shows that the loan or other encumbrances have been paid. Situations in which the reconveyance is not recorded are more common than you might think. It can happen when someone makes a mistake during the transfer of funds or during the preparation of the beneficiary demand (the amount on a loan that’s required to pay it in full). Here are other reasons a reconveyance deed may not be recorded correctly.
Title Company Mistake
Sometimes the title company that handles the title for the house and mortgage might also be the title insurance company. If that happens, then that title company is generally the entity the lender and owner will need to entrust to ensure the title is transferred properly. A title company handles the search and verification of title legitimacy and cleanliness, which means there’s no other claim to the title. These companies then generally issue a title insurance policy for the lender while the mortgage is being paid and for the owner once the mortgage is fully paid and the title is transferred. If there’s an error in the title transfer process, it could complicate things down the road if you decide to sell the home.
Mortgage Subordination Mistakes
Mortgage subordination is when there are multiple liens against a property, resulting in priority statuses being assigned to each lien. Sometimes loan subordination happens due to a mistake, and the newer loan is recorded in a lower priority instead of first priority. This happens more in short sales when the first lender who is not in the first priority position gets shorted by a junior lien payoff that is far less than that lender would ever agree to accept. This can cause a short sale to stall or stop the process of short sale approval. That’s because the second lender is now in the first priority position and may refuse to budge.
Clerical Errors
One of the most common reconveyance deed problems is minor mistakes made in the document itself, such as misspelling the borrowers’ or lender’s names or incorrectly entering the property’s legal description. While this takes more time to resolve, it can be done by recording a correction deed.
Refinancing
Today, most reconveyances occur because the homeowner has elected to refinance the existing loan, and in doing so, pays off the existing loan. This initiates a reconveyance, which needs to be sent to the new lender. This adds another fork in a home’s financial road that could cause complications when a mortgage is paid in full.
Doing Your Due Diligence
There are a few ways to avoid reconveyance problems when you are getting closer to paying off your home. When you are purchasing a home, be sure to inquire about existing liens, and ensure the title company has conducted a thorough investigation of the title. You could also initiate your own title search by visiting your county’s register of deeds or records office. Conduct a title search to establish the chain of title of the property from you all the way back to the original owner, if possible. When you receive your deed of reconveyance, review it carefully for errors. If you find any, contact your county recorder to determine how to correct the error.
