Record Title

There are four types of recording statutes: race, grace, race-notice, and notice. You should not assume that a matter has priority solely because it is recorded first.



Instrument not Recorded

Any claim because of the failure to record that _________ in accordance with applicable law.
Comment: If the insureds do not want to record the insured deed or mortgage, or to secure a recordable lease or memorandum of (insured) lease acknowledged by the lessor, you should call the Company. If the Company issues, it will use this exception. If a deed in the recent chain is not properly of record, you should also use this exception.

See Underwriting Manual


Delayed Recording

Any claim that the transaction vesting in the insured the estate or interest insured is a voidable preference because of a delay in recordation of the vesting instrument.
Comment: If there is a delay of more than 20 days in recording the vesting instrument, you must add this exception unless you issue the 1990 Policy. The 1990 Policy contains a broad creditors’ rights exclusion. The 1992 Policy contains a narrower creditors’ rights exclusion that does not apply to voidable preferences arising out of delayed recording. The 1970 Policy contains no creditors’ rights exclusion; this exception must be added to that Policy if there is a delayed recording.