What recording does
In New York, a deed generally transfers ownership between the parties when it is delivered and accepted, even before it is recorded. Recording does something different: it puts the public on notice and protects your position against a later buyer or lender who acts in good faith without knowing of your deed. An unrecorded deed can lose priority to a later recorded one in that situation, which is why buyers and lenders insist on prompt recording. Mortgages, easements, and other interests in land follow the same logic. A title search is essentially a review of this recorded chain.
Where the records are kept
In New York City, documents for Manhattan, Brooklyn, Queens, and the Bronx are recorded with the City Register and can be searched online through the city's land records system, while Staten Island records with the Richmond County Clerk. Elsewhere in the state, the clerk of the county where the land sits handles recording. In most purchases, the title company or closing attorney submits the documents and later confirms that recording took place. Family transfers and other deals done without a title company are where recording is most often missed. If you are unsure, a search of the county or city records will show whether your deed is there.
Fixing a gap in the chain
Recording problems usually surface at a sale or refinance, when a title report shows a break in the chain, an old mortgage never marked satisfied, or a deed in the wrong name. Many of these can be cured by recording a corrective document, obtaining a satisfaction from the lender, or getting a confirmatory deed from the prior owner. Others, such as a prior owner who has died or cannot be located, may require a court action to quiet title. Bring your closing binder, the title policy, any recorded copies you have, and the title report showing the problem. We review the chain, identify the cleanest fix, and coordinate with the title company that will need to accept it.
