Of Record

Definition

Of Record:

The term “of record” is utilized primarily in legal and real estate contexts to denote the formal recording or documentation of certain instruments, such as deeds, mortgages, and other legal documents, with the appropriate governmental or legal entity. It also refers to testimonial evidence that has been officially transcribed during legal proceedings.

The Attorney of Record refers to the officially designated legal representative of a party in a case, upon whom all legal documents and correspondence should be served.

Examples

1. Real Estate Transactions:

   • When a home is sold, the deed must be recorded with the county recorder’s office to make it ‘of record’. This ensures the public is informed about the ownership status of the property.

2. Mortgage Agreements:

   • A mortgage must be officially recorded to provide public notice of the lien on the property, securing the loan amount against the real estate.

3. Legal Proceedings:

   • Testimonies given in a court case are transcribed and become ‘of record,’ forming the official legal transcript used in the trial and for any potential appeals.

4. Attorney of Record:

   • When a lawyer submits a Notice of Appearance for a client in court, they become the ‘attorney of record,’ responsible for receiving all legal documents and representing the client in legal matters.

Frequently Asked Questions (FAQs)

1. Why is it essential to have a document ‘of record’ in real estate?

• Having a document ‘of record’ ensures public acknowledgment of transactions like property sales, providing legal clarity and reducing potential disputes regarding ownership.

2. Who is responsible for recording deeds and mortgages?

• Typically, the county recorder’s office or a similar governmental agency is responsible for recording these documents.

3. What is the significance of the attorney of record in a legal case?

• The attorney of record is vital as they are the point of contact for all legal documents and communications related to a case, ensuring proper legal representation and adherence to procedural laws.

4. Can recorded documents be accessed by the public?

• Yes, recorded documents are usually public records and can be accessed by anyone interested in the details of a transaction or legal proceeding.

Related Terms

1. Deed:

• An official legal document that transfers ownership of property from one person or entity to another.

2. Mortgage:

• A legal agreement where a financial institution lends money at interest in exchange for taking the title of the debtor’s property, with the condition that the title is returned upon repayment of the debt.

3. Transcript:

• An official written copy of spoken words from a legal proceeding.

4. Notice of Appearance:

• A document filed with the court by an attorney indicating that they represent a client in a legal matter.

Online Resources

1. Investopedia: Legal Concepts
2. Wikipedia: Real Property
3. NOLO: Legal Encyclopedia
4. American Bar Association: Legal Resources

Suggested Books for Further Studies

1. “Real Estate Law” by Marianne M. Jennings

   • Comprehensive guide exploring various facets of real estate law.

2. “Principles of Real Estate Practice” by Stephen Mettling and David Cusic

   • Detailed book on the principles and practices involved in real estate transactions.

3. “Black’s Law Dictionary” by Bryan A. Garner

   • An extensive legal dictionary with definitions and explanations of various legal terms.

4. “Modern Real Estate Practice” by Fillmore W. Galaty, Wellington J. Allaway, and Robert C. Kyle

   • A modern take on real estate practice covering current laws and practices in the industry.

Fundamentals of “Of Record”: Legal and Real Estate Basics Quiz

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