The lender records the mortgage with the register of deeds as a formal notice to anyone that the mortgage is an obligation or lien against the property. But a lender does not lend money and record the mortgage without first determining from register of deeds records if the property has any other outstanding obligations against it.
The sellers may not only have an outstanding first mortgage on the property, they may also have borrowed against their equity later and secured the loan with a second mortgage on the property. The new buyers, and the financial institution lending them the money, want to make sure that all mortgages and other obligations against the property are closed out.
Thus, at the "closing" of the sale, all previous obligations are paid before signing those papers.
Houghton County Register of Deeds - Houghton County, Michigan
When that is done any money left over goes to the sellers. Or, the house may be newly built by a contractor. What happens if the contractor has failed to pay one or more of the subcontractors or the materials supplier? As a buyer you may feel that you bought the house from the contractor with the understanding that no obligations against it were outstanding.
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Hence, you would not look favorably upon the kitchen cabinet subcontractor who comes along to remove the cabinets because the company has not been paid for the work and materials. Subcontractors have the right to file a lien against the property with the county register of deeds. The lien is an official notice to an interested party that the subcontractor has a high claim against the property, a claim that would ordinarily be satisfied before the "closing" of the sale. Such "mechanics liens" are another type of document that registers of deeds receive and record.
The importance of the role of the office of register of deeds is captured in the following statute: "Every conveyance of real estate within the state hereafter made, which shall not be recorded as provided in this chapter, shall be void as against a subsequent purchaser in good faith for valuable consideration.
It may not be quite that simple, of course, because a person with an unrecorded claim, such as a land contract, may sue to recover losses. But in one court case, for example, the judges wrote that "owners of interest in land cannot protect those interests unless they properly record them.
Read more about the duties of the register of deeds in part two of this article. CSC: www.
Simplifile : www. There are many benefits from E-Recording:. Same day recording. Lower costs to submitter. Lower chance of loss documents. Secure network. Fast problem resolution on rejected or documents with possible errors. Fast payment for E-Recording.
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Regulatory and lender compliance. If you have any questions on E-Recording, please contact us. Ages 16 and 17 must have one parent sign. Department of State website for passports: www. Additional Resources. Signing up with Property Fraud Alert PFA takes a few moments and participants will be notified via email or phone, or BOTH, only when the exact name they have provided is listed on a recorded document. You can sign up with multiple names.
Register of Deeds
Land Records Tapestry is an on-demand service designed for occasional users. All documents are available from July to present.
Documents can be viewed at no charge. No user agreement is required and there is no recurring expense other than search and document charges. Public Record Search Laredo is a subscription based service for professionals that allows users to search the Houghton County Official Public Record with the same software that is available in the county office. For a monthly fee, users will be able to search records from the comfort of their home or office 24 hours a day, 7 days a week.
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Free Land Records Search. Pay Delinquent Property Taxes. Property Tax Information. Foreclosed Tax Sales. Solid Waste Committee Meeting. Web site development: Opusweb. Employment Application Employment Opportunities. Location Department Contacts. PHONE T he Register of Deeds office maintains an index and copy of all recorded documents pertaining to property located within the county.
Remember -- transfer tax is still separate from all of these fees.