Posted by Melissa Riley on 3/6/12 7:00pm
Msg #414128

New Deed Recording Law??

I was contacted by a signing service I work for on a semi-regular basis for a closing tomorrow. She noted that the title co. wants me to also record the deed to comply with "new VA law" - where the notary must record the deed. I read posts here a couple of times a week, have used the search button - read notary bulletins, just renewed my notary commission last week - and have yet to hear about this new law. She did say I would be paid an additional fee to record the deed (expected) - but wondering if anyone else has heard this and I've been under a rock? As a follow-up question - is there any additional liability incurred as being the "person" who recorded the deed? Any info is much appreciated!

Reply by Kenny Services - Dawn on 3/6/12 8:53pm
Msg #414141

Wow, Ive never heard of that, of course I am not in VA. In Illinois I believe it is $25.00 to Record a deed. Between you, me and the lamp post, I would not do it unless I was paid upfront because you are not only extending credit to the SS for doing the signing but you are also taking money out of you pocket on a promise to get it back. Protect your self on this one, I will bet the SS never pays you back. If I record a deed from an individual I charge then upfront for the fee. Just my two cents :-)

Reply by Lee/AR on 3/6/12 9:42pm
Msg #414146

Wow & Whoa...

Not in VA, so take with proverbial grain (whole box?) of salt. Goes without saying that an extra fee is due you for this service. However, are you expected to front not only the Deed's recording fee but the Tax Transfer fee, too? I sure would not front any money and hope to be not only paid (in how long?) but also reimbursed. This situation begs a LOT of questions.

Reply by JanetK_CA on 3/7/12 2:00am
Msg #414152

Re: Wow & Whoa...

I agree, Lee. It's one thing giving credit for our time, printing costs and gas, but I would never put up actual cash in advance for anything.

I was asked to record a deed for someone exactly once. I think it was a general notary situation and an unusual set of circumstances a long time ago. I don't remember the details but I do remember that they included a check to the County Recorder to cover the fees and I believe I was paid in advance, as well.

Reply by CopperheadVA on 3/7/12 6:32am
Msg #414157

I have never heard of this "new law" n/m

Reply by ArtG/KS on 3/7/12 7:39am
Msg #414159

In most states the title company takes care of recording the Deed of Trust or Mortgage in mortgage states. I have had, in Kansas, very few requests to go to the court house and to the register of deeds to have it recorded.

This type of request to a notary probably insures a more timely recording and once its done, there should be No liability on our part. The same goes for a DOD or mortgage pay-off, the sooner its recorded, the better because then the homeowner pays his own taxes and insurance directly then instead of an escrow department if there was an escrow account.

Reply by Julie/MI on 3/7/12 8:45am
Msg #414166

In a previous life I was the county recorder and we didn't care if the deed came via mail or any tom, dick, harry or henrietta.

Why would you not simply call one of the counties that you cover and ask them?

Trust me, those clerks are too busy to be bothered checking id to see whom is recording the deed.

Reply by Melissa Riley on 3/7/12 9:18am
Msg #414168

Thanks for your replies - the SC is asking title to send me the information they have about this "new law" - was told they incurred a fine for not complying (?) Anyway... they will send me an overnight check with the recording fee - so I there will be no cash out on my part. My confirmation has been adjusted to include the $50 recording fee. I have had zero issue with this SC paying my fee - so I'm not concerned about being stiffed for the extra work. To me it's like extending them "credit" for the signing - I do the requested work for the agreed upon fee. I will update here when I hear back from title explaining the "new law"... I'm very curious! Thanks!

Reply by Lee/AR on 3/7/12 9:34am
Msg #414169

Please do update us. Wondering--is this a Purchase? n/m