e-Recording

WHY E-RECORD?

It’s usually faster to e-Record which means faster disbursement of funds and transfer of keys.

Knipp Law Office is able to e-record in many counties.

TRADITIONAL METHOD:

  • Send an employee to the register of deeds at the end of the day
  • Employee updates title for several closings and waits in line for as long as 30 minutes
  • Wait for employee to email receipt of recording
  • Process tends to be longer once you factor in traffic delays and wait-times

E-RECORDING METHOD:

  • Website encrypts document transmission
  • No Non-Public Personal Information is used to complete the transmission
  • Allows us to monitor wait-times so that time between title update and recording is reduced
  • Receipt is received via email within minutes after submission
  • Disburse sooner
  • Transfer keys to buyer sooner

WHAT IS THE PROCESS FOR E-RECORDING?

  1. All funds must be received prior to recording.
  2. As with any closing where a lender is involved, the lender must approve recording.
  3. Upon lender approval to record (when applicable), we check the recording wait-time for e-Recording. If the wait-time is short, we update title immediately and submit the documents for recording. If the wait-time is long, we can monitor the wait-time and submit the documents when the window of time between title update and title recording is minimal. This is important so as to ensure clear title is conveyed to the buyer.
  4. Within seconds after document submission, the Register of Deeds is notified that a new document has arrived for recording. The document is placed in a queue to record. The County reviews the document and accepts it for recording.
  5. Upon recording, we receive an email receipt informing us the documents have been recorded.

ARE THERE ANY RISKS ASSOCIATED WITH E-RECORDING?

The risks associated with e-recording are similar to the risks associated with traveling to the Register of Deeds to record. Under North Carolina law, if a lienholder records a lien that attaches to the real estate prior to the seller’s conveyance of that real estate, the lien must be paid to convey clear title to the buyer. To ensure the title is clear of liens, or worse yet, the seller already conveyed the real estate to another buyer, attorneys must update title prior to recording the buyer’s deed. With either recording method, there will be some window of delay from the time title is updated to the time the document is recorded. The goal is to keep that window as small as possible to reduce the risk.