Substantial Delay in Recording
The deed executed by ___________, grantor, to ________, grantee, was dated _________________ and filed for record _____________________. The Company requires information as to why the deed was not promptly recorded. At that time, the Company may make additional requirements or exceptions.
Comment: Substantial delay in recording may evidence issues such as lack of authorized delivery out of escrow, attempt to use a deed as a will, or forgery. You should inquire as to the reason for such delay in recording.
Recording After Grantor’s Death
The deed executed by ___________, grantor, to ___________________, grantee, was filed for record ______________. The grantor died on ________________________. The Company requires satisfactory proof that the deed was delivered during the lifetime of the grantor and is not a voidable transfer. At that time, the Company may make additional requirements or exceptions.
Comment: A deed recording after the grantor’s death is highly suspect. Various issues exist: for example, was the grantor competent; was the deed intended to be effective; was the deed forged. You should always inquire as to the reason for delay in recording. If you are not completely satisfied, require a properly authorized deed from the grantor’s estate.