Recording Errors: How Public Record Mistakes Affect Your Title

What Are Recording Errors? Understanding Public Record Mistakes

Recording errors are mistakes that occur when real estate documents are filed in public records. These errors can range from simple typos to significant omissions that affect the validity of property transfers. Because the public record system is fundamental to establishing property ownership, errors in these records can create serious problems—clouding your title, complicating sales and refinances, and potentially affecting your legal rights as a property owner.

Understanding how recording errors happen, how they're discovered, and how they're corrected helps you protect your property interests. This guide explains the common types of recording errors, their potential impact on your ownership, and the processes for resolving them.

How Property Documents Are Recorded

Before examining errors, it's helpful to understand the recording process:

The Public Record System

Real estate documents—including deeds, mortgages, liens, easements, and releases—are recorded with the county recorder's office (sometimes called the register of deeds). This creates a public record of property ownership and encumbrances that:

• Provides constructive notice to the world about property ownership
• Establishes priority between competing claims
• Creates a historical record of all transfers and liens
• Allows title searches to verify ownership and identify issues

The Recording Process

1. Documents are prepared by title companies, attorneys, or lenders
2. Documents are submitted to the recorder's office
3. Staff review documents for minimum requirements
4. Documents are assigned recording numbers and dates
5. Information is entered into indices and databases
6. Original documents are returned or maintained

Errors can occur at any stage of this process—from document preparation through indexing.

Common Types of Recording Errors

Recording errors take many forms, each creating different problems:

Typographical Errors

Simple mistakes in typing or transcription can create significant issues:

• Misspelled names: "Johnson" recorded as "Jonson" or "Steven" as "Stephen"
• Incorrect addresses: Wrong street numbers or names
• Transposed numbers: Lot 123 recorded as Lot 132
• Wrong dates: Incorrect execution or recording dates

Legal Description Errors

Errors in the property's legal description are particularly serious because they may mean the document doesn't accurately describe the intended property:

• Incorrect lot or block numbers
• Wrong subdivision references
• Errors in metes and bounds descriptions
• Omitted portions of a legal description
• References to incorrect surveys or plats

Missing or Defective Signatures

Problems with signatures can affect a document's validity:

• Missing signatures from required parties
• Signatures by unauthorized individuals
• Signatures not matching the name in the document
• Missing spousal signatures when required

Notarization Problems

Deeds and many other real estate documents require notarization. Issues include:

• Missing notary acknowledgment
• Incomplete notary certificate
• Notary commission expired at time of notarization
• Notary outside their jurisdiction
• Missing or illegible notary seal

Indexing Errors

Even if a document is correct, indexing errors can prevent it from being found during title searches:

• Names indexed incorrectly
• Documents indexed under wrong property
• Missing index entries
• Incorrect cross-references

Chain of Title Problems

Errors that create gaps or inconsistencies in the ownership chain:

• Missing deeds in the chain of ownership
• Deeds from parties who didn't actually own the property
• Name variations that obscure the chain of title

Lien Release Errors

When loans are paid off, releases should be recorded. Problems include:

• Releases never recorded despite payment
• Releases referencing wrong loan or property
• Partial releases when full release was intended

How Recording Errors Are Discovered

Recording errors typically come to light during the title search process:

During a Purchase or Refinance

When you buy a home or refinance your mortgage, the title company examines public records to verify ownership and identify any issues. This thorough search often uncovers errors that have existed for years—sometimes decades.

When Selling Property

Errors may be discovered when you try to sell your property and the buyer's title company conducts their search.

When Obtaining Title Insurance

Title insurance companies identify errors as part of their underwriting process before issuing policies.

During Legal Actions

Ownership disputes, foreclosures, or other legal proceedings may reveal recording errors.

The Impact of Recording Errors

Recording errors can affect property owners in several ways:

Clouded Title

Errors create uncertainty about ownership—a "cloud" on your title. Until resolved, you may have difficulty selling or refinancing because buyers and lenders require clear title. Learn more about why clear title matters in our guide Why a Clear Title Is Essential.

Transaction Delays

Correcting errors takes time. If errors are discovered during a sale or refinance, closings may be delayed while corrections are made.

Legal Uncertainty

In serious cases, recording errors may call into question whether you actually own the property as you believe you do.

Additional Costs

Correcting errors may involve attorney fees, recording fees, and other expenses.

Correcting Recording Errors

The method for correcting errors depends on the type and severity of the problem:

Corrective or Confirmatory Deeds

When a deed contains errors, the parties may execute a new deed that corrects the mistakes. This corrective deed is recorded alongside the original, clarifying the intended transfer.

Affidavits

Sworn statements (affidavits) can clarify certain issues:

• Affidavit of identity: Confirms that "John Smith" and "John A. Smith" are the same person
• Affidavit of scrivener's error: Explains and corrects obvious typos
• Affidavit of heirship: Clarifies inheritance matters

Re-Recording

If an original document was correct but indexing errors occurred, the recorder's office may be able to re-index or correct their records.

Quiet Title Actions

For serious errors or when affected parties can't be located, a quiet title action may be necessary to establish ownership through court order.

Title Insurance Claims

If you have title insurance and a covered recording error causes you loss, your policy may provide compensation and assist with correction. See What Happens If You Need to File a Title Insurance Claim.

Preventing Recording Errors

While you can't control all recording errors, certain precautions help:

• Work with experienced professionals: Reputable title companies and attorneys have quality control processes
• Review documents carefully: Check names, legal descriptions, and other details before signing
• Verify recording: Confirm that documents were properly recorded after closing
• Keep copies: Maintain copies of all recorded documents for your records
• Use consistent names: Sign documents exactly as your name appears in title records
• Purchase title insurance: Provides protection if errors cause problems later

The Title Company's Role

Title companies play a crucial role in both identifying and correcting recording errors:

During Title Searches

Experienced title examiners know how to identify errors and assess their significance. They can often spot problems that less experienced reviewers might miss.

Before Closing

When errors are discovered before closing, the title company works to resolve them—obtaining corrective documents, affidavits, or other instruments needed to clear the title.

After Closing

If errors are discovered after closing, your title company (especially if you have title insurance) can assist with correction efforts.

Recording Errors and Title Insurance

Title insurance provides important protection against recording errors:

• Pre-closing protection: The title search often catches errors before they affect you
• Coverage for undiscovered errors: If errors weren't found despite a proper search, covered losses may be compensated
• Legal defense: If errors lead to ownership challenges, the title company defends your title
• Correction assistance: Title companies help resolve errors affecting insured properties

For comprehensive information about title insurance protection, see What Is Title Insurance?

The Bottom Line on Recording Errors

Recording errors are an unfortunate reality in a system that relies on human document preparation and data entry. While most errors are minor and easily corrected, some can create significant problems for property owners.

The best protection combines thorough title searches, careful document review, and title insurance coverage. When errors are discovered, prompt attention and appropriate correction methods can resolve most issues—restoring clear title and protecting your property rights.