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Updated over 2 years ago,
Notes: What documents get Recorded in the county records?
I purchased some very low value newly originated notes that are in first position. I purchased them approx 3 months ago and discovered that they had not yet got recorded in the county records. I contacted the seller/property owner and asked when I will get the recorded copy of the deed. She informed me that she had not had time to get it notarized and recorded yet. She also informed me that it is the NOTE that needs to be recorded and not the deed?????? She also informed me that I would be receiving a copy of these documents and not the original. At this point, although she is paying on the note on a regular and timely basis, I am feeling a bit vulnerable as the note has not been recorded in the county docs. What if she stops paying and I need to foreclose? What is to stop her from selling another note on the same property to someone else if it is never recorded? Is there anything that I can do to get her to record it ASAP? Additionally, I was under the impression that I would be able to retain the ORIGINAL documents and that once the note was paid off, I would return the deed to her and file a satisfaction of mortgage with the county. Please educate me with what documents get recorded at the county level and what documents should be returned to me?
Thanks,
Sandy