CHCP Post-Closing Procedures & Recording 3

Question 1

A deed is notarized but the notary's commission has expired. What is the most likely consequence for recording?

Accepted Answer

The county may reject the deed for recording

Answer

Most county recorders require notarization by a currently commissioned notary; an expired commission can result in rejection of the document.

Question 2

After closing, the closing agent must retain transaction records for a minimum period typically mandated by state law. This obligation is known as:

Accepted Answer

Record retention requirement

Answer

State laws and RESPA regulations impose record retention requirements on closing agents, commonly five to seven years depending on jurisdiction.

Question 3

If a closing package is sent to the county recorder and returned due to a missing grantor signature, the closing agent should:

Accepted Answer

Contact the grantor to obtain a properly executed replacement deed

Answer

A deed missing the grantor's signature is legally defective and must be re-executed by the grantor before re-submission for recording.

Question 4

Which instrument is typically used to transfer title to real property from a deceased person's estate to an heir?

Accepted Answer

Personal representative's deed

Answer

A personal representative's deed (or executor's/administrator's deed) is used to convey property from an estate to a beneficiary or heir.

Question 5

What does 'time is of the essence' mean in the context of post-closing recording?

Accepted Answer

Delays in recording can allow intervening liens or interests to gain priority

Answer

Prompt recording is critical because an unrecorded deed may be defeated by a subsequent bona fide purchaser or creditor who records first.

(CHCP) Certified Home Closing Professional Practice Test