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To: Defiant; longtermmemmory
"...every person who owns a house has their title on file with the county recorder. When you buy a house, you get a deed from the seller, and it is recorded..."

Not in Florida, nor in any other State in the Union that I know of. There is NO requirement to record your deed. All a recorded deed does is to give notice to the world that you own a property. Nothing prevents you from deeding your property to another party (even unbeknownst to them), getting it notarized, and putting it in a safe deposit box.

This is one of the ways people make themselves "judgement proof", or keep their property out of probate. Just because it shows in the public record that someone owns a property, doesn't make it so. They may have deeded it to a member of their family, or another person who is, or is not, in on what is going on. Florida is a Homestead State, so anyone claiming a Homestead exemption on such a property, will have to pay the back RE taxes from which they claimed exemption, or they will become a lien against the owner, and possibly against the "hidden" owner AND the property, if and when the deed is ever produced. In that case the back taxes will be paid and the person can just keep on truckin'.

44 posted on 10/04/2010 9:35:18 AM PDT by Matchett-PI (The 'RAT Party - Home of our most envious, hypocritical, and greedy citizens.)
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To: Matchett-PI
Not in Florida, nor in any other State in the Union that I know of. There is NO requirement to record your deed.

That is true. Maybe it would occur in some kind of inter-family transfer or some unusual situation, but in 99.9 percent of home transfers, the buyer records a deed so that a third party purchaser will have notice of their ownership, and so cannot take legal title away from them. If you accept a transfer from someone without recording the deed, you are usually trying to get away with something (taxes) AND you really, really trust the transferor (like it's your mom).

That has nothing to do with the point I was making, which was in response to a ridiculous argument that a foreclosing bank should make the owner produce the papers showing title. If you have a foreclosing bank, you have a recorded title. In 100 percent of the cases. If there was a subsequent unrecorded transfer, the bank doesn't care; they have priority.

49 posted on 10/04/2010 10:15:17 AM PDT by Defiant (Liberals care more about the Koran than they did about Terri Schiavo.)
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