Last night, Council member Lori Vargo Heffner read an email from a local title insurance company, complaining about the "cover date" used by the Recorder of Deeds when land records are indexed. Basically, this title agent was predicting that the sky will fall and lenders will refuse to grant mortgages unless something is done immediately. Fiscal Affairs Director Steve Barron did a good job responding to this complaint by noting that no closings in Northampton County have ever had to be postponed or delayed because of a "cover" date that is usually about one or two months behind the actual date. As a title searcher who pretty much practices exclusively in Northampton, I think I can explain this a little better.
In Pennsylvania, the first person to the courthouse with a deed wins. If I sell Blackacre to Party A, and then sell Blackacre to Party B, the first person to record that deed is the owner of Blackacre. Is this fair to Party B? Yes, He has an obligation to check the record before he buys Blackacre to make sure no one has sold it before he got it. This is why we have title searchers and title insurance.
In Northampton County, as soon as the Recorder of Deeds records the Deed to Party A or B, that Deed is immediately available for inspection by anyone searching, whether online or at the courthouse. Now the Recorder might make a spelling error or insert an incorrect address, but the document is immediately available. So there is no need for a "cover" date. There's nothing to cover.
Before the document is ever even recorded, it is scanned and sent to the assessment office to make sure that the parcel identifier is accurate. If not, the Recorder will reject the document. Thus, there is no way in which a searcher looking for Blackacre can miss it, even if the name is spelled wrong or a wrong address is mistakenly entered.
This title company has confused a cover date with a verification date. If we had to wait three months to see if Blackacre was conveyed, we'd have a problem. But the records are immediately available.
Once a document is recorded, the Recorder assigns someone to verify that everything was done correctly in the index. Is there a spelling error? Was the wrong address used? Once that is established, the document is verified.
So if I am searching Blackacre, and the conveyance to Party A was recorded 15 minutes ago, I will find it even if Party A is called Party Z and even if Blackacre is mistakenly entered as Whiteacre. The cover date is whatever date I complete the search.
In addition to confusing a cover date with a verification date, this local title company forgets that Pennsylvania law requires a person recording an instrument to make sure it is indexed correctly. When Party A brings his Blackacre deed to the courthouse, he has an obligation to make sure it is properly indexed. That can easily be accomplished even before the records are verified.
As a title searcher, my job is to look for problems. We have a tendency to see everything as problems. It's an occupational hazard.
We also start talking to ourselves.
A cover date is more appropriate with respect to the civil division. But that office maintains daily sheets from which we can review judgments that have yet to be entered in the system.
24 comments:
Beeb told you are constantly texting with Barron during meetings. You no doubt gave him the answers since he knows nothing about the recorder of Deeds office except in his delusional dreams.
Interesting. Why would someone sell to more than one party? This post makes it seem as if this is a common occurrence.
I blame Trump and MAGA nuts who oppose grooming sexy kids.
Lori Fargo-Heffner comes for Little Stevie Blunder and gets curb stomped by his size 6 clown shoe.
Hefner’s sneak attack on Barron vonFootinmouth blew up in rather stupid face. She had to once again declare she didn’t know what she was talking about.
Grimace really knows his stuff. Lori Vargo-Heffner should always ask him questions. He’s forgotten more than she’ll ever know about County stuff.
BO what’s up with all this Blackacre and Whiteacre stuff. Seems a little insensitive for you to be bringing race into this very dumb issue.
A true Sumo match of the minds. I have to give this one to Steve-San.
"Beeb told you are constantly texting with Barron during meetings. You no doubt gave him the answers since he knows nothing about the recorder of Deeds office except in his delusional dreams."
I sometimes text Barron or Council members during meetings when I am unable to hear audio or they refuse to use their mikes. Last n ight, I was riding a bike during the meeting. I caught it later in the evening. Sorry to disappoint you.
"Interesting. Why would someone sell to more than one party? This post makes it seem as if this is a common occurrence."
It's a very uncommon occurrence, although it does happen. More often, someone sells part of Blackacre to Party A, and then sells another part to Party B, and neglects to mention in the Deed top Party B that he already sold part of Blackacre. This is what is known as an adverse conveyance. Even that is rare.
I must have accidentally deleted a comment asking about those TV commercials warning about home title theft. This is when a third party forges your name on a deed, gets it notarized by a co-conspirator and sells your property to an unwitting buyer. This happens in some of the larger cities where many homes are unoccupied It is nonexistent in NorCo or Lehigh. The ad is garbage. It basically scares seniors. I see them come to the recorder's office several times a week to ask about it. Another scam is buyers will recently acquire title and receive "bills" for a copy of the deed "assessment information." They mistakenly think this is from the county and pay it. You need to read these "bills."
Thanks for your expertise in this matter Bernie! It seems like a scam. Have you shared this analysis with AAA and the senior centers? I'll bet that a topic they offer at senior centers is scam awareness. Regrettably seniors are preyed upon by charletans.
I have not shared this information with any senior center. AAA may be aware, but perhaps I should speak with them. The one scam I mentioned concerning "bills" happens to many people who now record deeds.
Bernie, I knew you would know the facts. Lori was flying her constituent service flag. Barron explaining he had addressed this exact complaint in 2021 and again this time around, since he received the same complaint letter as Lori,and that this title firm didn't understand the distinction you made about a cover date versus a verification date, while he forcefully defended the deeds staff instructive. Barron using Tara's recent home purchase to illustrate the process was fun sidenote.
I just want to point out that the deeds are NOT reviewed by the Assessment Office as you state.
5:14, The deeds are scanned and sent up to what we call the assessment office. If you want to get technical, I believe it is someone from GIS. I just lump tax claim bureau, GIS and assessment together as do most of us down below.
Heffer and Beer Belly Barron are rodeo clowns trying to get in the same barrel. He has become a complete jerk and Hefner tries hard to outshine everyone, especially Tiara. I think Lori is pissed at how aggressively the McClure gang have the union bosses and dem larders attack her.
Don't forget to go to Tiaras' fundraiser today.
@8:51AM……Will give you the benefit of the doubt that this was just a simple misunderstanding on your part about “Blackacre” vs. “Whiteacre”. Those terms have been used as the generic descriptions of parcels of land in law school real property classes for centuries.
4:18, Barron was angry bc he already dealt with this title company two years ago and it chose to go to council. Lori wanted this company wanted to remain anonymous, but I think that goes away under these circumstances. But Barron forgets he's a public servant and should not have been so irritated, nor should he have gone off into matters that have nothing to do with the topic. LVH was doing her job. A constituent complained to her about something and she was looking into it. She could have done so privately but I am glad she did so publicly because too much in government is done behind closed doors.
HelenP, It is a fairly arcane area. Title searchers like myself want index records to be as current as they possibly can be so that our reports are accurate and reflect the true state of the property examined. There really is no cover date in the recorder's office anymore for the reasons I explained. A cover date more accurately refers to the civil division, where judgments and actions that could affect real estate are maintained.
If there was a delay in entering documents presented for recording, that would be an issue. A document (if in the correct form) must be recorded immediately. If it is submitted electronically, it should be recorded that day. That is extremely important. That has been an issue in some counties.
Ha ha
Every meeting it’s the same nonsense with her
Ok Lori, if you say so
Yes, this Barron should remember that he's from the government and he's there to help.
Post a Comment