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Disburse before Recording

  • 1.  Disburse before Recording

    Posted 01-13-2023 10:37
    Good Morning,
       How does everyone handle their proceeds disbursement? We usually handle the closing, record, then print all checks including the proceeds. Lately we've had a few questions about why we do it that way (after 17 years) and we simply tell them it helps with the possibility of something getting recorded in front of our deed, mortgage, etc. 
    Thank you,
    Ragena Belden
    Cloud Republic County Title, LLC

    Concordia 
    607 Broadway
    Concordia, KS 66901
    (785) 262-4462

    Belleville 
    1806 M St., Suite 105 
    Belleville, KS 66935
    (785) 527-2575


    CONFIDENTIALITY NOTICE: This message, and any accompanying attachments, are confidential and are only intended for the individual(s) or entity to which this message is addressed and may contain information that is privileged, confidential or protected from disclosure under applicable law.  If you are not a named addressee, please notify the sender immediately by e-mail or phone and delete this message and any attachments from your system.  E-mail transmission cannot be guaranteed to be secure or error-free, as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. Cloud Republic County Title, LLC accepts no liability for any damage caused by any error or omission contained within the message or by any virus transmitted by this message.
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  • 2.  RE: Disburse before Recording

    Posted 01-16-2023 08:24

    Curious- how long does it take to record? Do all parties sign something that says they are okay with funds being held until recording happens? How do lenders react to this? 


    I am always interest in how others do things. We disburse same day of closing (unless it's a res. refinance) and then record either same day via simplifile, or we mail recordings out. I've never held funds unless there was an escrow agreement signed by all parties. 



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    Tiffany Lykins
    Title Agent
    SAS Title Agency, Ltd.
    Lancaster OH
    +1 (740) 654-4141
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  • 3.  RE: Disburse before Recording

    Posted 01-16-2023 08:48
    As soon as we have all funds and documents signed, we disburse then submit transfers/recordings.  We have a few counties that take nearly a month to get recordings through when there's a transfer involved, so there's no chance our clients would be patient enough to wait that long for disbursement.  

    And I agree with Tiffany's comment/concern regarding lenders... a lot of times there is something in their closing instructions that says if funds aren't disbursed within 24 hours then the loan funds are to be returned.  If all counties in Kansas transfer and record that quickly then they need to start showing the rest of the country their ways :)

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    Lisa Mahlerwein
    Columbus Title Agency of Westerville, Inc.
    Westerville OH
    +1 (614) 890-3888
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  • 4.  RE: Disburse before Recording

    Posted 01-16-2023 09:26
    We record usually same day as closing or next business day. We don't utilize eRecording, so we just walk our documents to the courthouse and do a final check at the Register of Deeds and District Court, then record.

    Thank you,
    Ragena 
    Cloud Republic County Title, LLC



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  • 5.  RE: Disburse before Recording

    Posted 01-16-2023 10:41
    Disbursement and recording works a bit differently in each state. Here in Florida, our GAP statute mandates that we cover any item appearing in the "gap" between closing & disbursement of funds and recording of the instruments creating the interest we are insuring. We close, disburse, and record simultaneously (or substantially simultaneously). Electronic recording has been a godsend for us these last couple of decades, eliminating our potential liability for documents recorded in the gap. We do not retain any funds, save the recording fees and taxes, after closing pending the recording of documents. We disburse "at the table" to all parties.

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    Jim Moody
    Owner
    Encore Title Services, LLC
    Jacksonville FL
    +1 (904) 619-6360
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  • 6.  RE: Disburse before Recording

    Posted 01-16-2023 12:09
    By law in Virginia, the only things you can disburse prior to recording are the Clerk's check and any overpayment.  In some jurisdictions where there are backups, submitting the documents and check to the Clerk is considered recording.

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    J. Rawleigh Simmons
    River Title & Escrow, LLC
    Warsaw VA
    +1 (804) 333-0195
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  • 7.  RE: Disburse before Recording

    Posted 01-16-2023 13:41
    Regena,

    I don't believe that Kansas is an "escrow state" where you must hold the proceeds until all amounts are reverified and docs are recorded.  So, unless some Kansas statute makes you hold funds, as in Virginia, you should be free to disburse at the table then get to the courthouse or, better yet, if you can, use e-recording. Do your counties e-record? If the counties do, your software should be able to integrate with one or more of the e-recording providers. (Note: the counties must accept docs from those e-recording providers.)

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    Edwin Generes
    Edwin G. Generes
    Covington LA
    +1 (985) 445-1183
    ed@generes.biz
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  • 8.  RE: Disburse before Recording

    Posted 01-16-2023 14:22
    Lavonne,

    To answer your question: I disburse at the table as required. Have been doing this since 2003.
    All funds are received prior to going to closing or are collected at the closing table in "Good Funds" form  and all checks are cut and delivered at the closing table or if the seller would like a wire then I wire by then end of the next business day. If funding authorization is required by the lender before disbursing then the required funding docs are sent from the the closing table. 

    This is why;

    In a "wet funded" states (PA is wet funded) you must disburse the funds before the ink is dry on the paper. An old school term for sure. To do this a bringdown must be done the day of closing to address anything that may have appeared on the record since your search was done. 

    In the case of a sale, the seller must receive their funds at the closing table either by check or wire transfer when they deliver the deed to the buyer/the closing agent to complete the transaction. Typically the buyer can not have access to the property until the seller has received their funds. 

    In the case of a refinance, all funds must be disbursed on the funding date. The fund date will be three business days after closing at the end of the right to rescind period if the property is Owner Occupied or at the closing table for investment property.

    I am in PA so recording is a race to the court house. e-recording can be very helpful.  
    In the case of purchase money mortgages we have 10 days to record the Purchase Money Mortgage and maintain our first lien position. 

    I hope this helps.

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    Robin Myerski
    Title Agent
    Elite Closings, LLC
    Mars PA
    +1 (724) 687-0421
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  • 9.  RE: Disburse before Recording

    Posted 01-17-2023 11:57
    In Pennsylvania the title doesn't transfer until the fully executed deed and funds are exchanged, therefore you cannot record the deed unless you have delivered the funds to the Seller or their representative.  A bring down should be done prior to closing, and the documents recorded immediately after closing.  Anything that might hit the record in between the bring down and recording must be addressed with your underwriter because your Insured(s) are covered for this "gap" period. In our standard Affidavit the Seller affirms that there is nothing affecting title (on or off record) other than what is shown on the Commitment. This is important because your underwriter will likely use the Affidavit in their defense of the Policy.

    You should check your state's statutes as to what constitutes the conveyance of title.

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    Donna Brady Miller
    Vice President/Owner
    Inter-County Abstract
    Honesdale PA
    +1 (570) 253-4734
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  • 10.  RE: Disburse before Recording

    Posted 01-17-2023 13:43
    Well said Donna. 
    I do the same.

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    Robin Myerski
    Title Agent
    Elite Closings, LLC
    Mars PA
    +1 (724) 687-0421
    ------------------------------

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  • 11.  RE: Disburse before Recording

    Posted 01-17-2023 12:55
    We disburse funds on the same day recordings are sent to be e-recorded.  So often the funds have been wired before the recording is completed.  That being said, the recordings are completed within 24 hours of the disbursment.  Never run into a issue doing it this way.

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    Jose Apodaca
    Escrow Officer & Serf
    Declaration Title Company, LLC
    Houston TX
    +1 (713) 988-1069
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  • 12.  RE: Disburse before Recording

    Posted 01-18-2023 10:33
    Hi Lavonne,

    In South Carolina, state law requires us to record the documents before we can disburse funds.  During Covid some of our counties became significantly behind with actually getting documents recorded timely.  Most have now caught up, so we are fortunate in this state to usually be officially on record within the same business day.  However, we have one county who elected a barber as the Register of Deeds.  This hasn't worked well at all.  That county is several months behind and documents have not been recorded in the correct order.  It is now the subject of multiple lawsuits.  Due to this our state now requires that we have proof of submitting the documents for recording before we disburse.  Otherwise, we have to have an agreement among all parties, including the lender, to allow us to disburse funds before recording under special circumstances.  Recording the documents before disbursing protects the lender.  It establishes their legal lien position before the lender's funds are released.  In a perfect world, this would always be the ideal way to proceed.  Unfortunately, we don't live in a perfect world.  In this industry, we do the best we can to serve everyone fairly.




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    Lora Leathco
    Paralegal
    Capital City Title Agency, Inc.
    Columbia SC
    +1 (803) 277-4322
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  • 13.  RE: Disburse before Recording

    Posted 01-19-2023 08:50
    Hi Everyone,
    Here in Virginia, it is also state law that we have to record the appropriate documents before we can disburse the funds.  
    Best Regards,

    Mary Crawford



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    Mary Crawford
    Processor/Closer/Underwriter
    Bankers Title Shenandoah, LLC
    Staunton VA
    +1 (540) 437-9560
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  • 14.  RE: Disburse before Recording

    Posted 01-20-2023 06:40
    This is in response to Lora Leathco's post regarding the South Carolina barber that was elected as the Register of Deeds and the issues they are having - Heard they refer to the recording delays as - "Getting a haircut." Just thought I would inject a little, (very little) levity and humor regarding the subject this morning. Have a fantastic day everyone!

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    Tim Anderson
    President, eMortgage Division
    Evolve Mortgage Services
    Frisco TX
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