Disaster Response Discussion Board

[Mr. Dwight Merriam, Esq., CRE]

Dear all,

I wrote this piece (link below)  5 days ago and it is already outdated, things are moving so fast….

Here’s a paragraph the editors cut:

If city and town halls are closed or are short-staffed because people are working at home or sick, how does one record a deed or other document on the land records in a timely manner?  Is this a problem, as Connecticut is a “notice” state: “No conveyance shall be effectual to hold any land against any other person but the grantor and his heirs, unless recorded on the records of the town in which the land lies”?  Sec. 47-10(a) C.G.S.  What happens if it takes days to record?  An argument is that one has a “reasonable” time to record.  Will that be enough?  Is the solution a gap endorsement on the owner’s title insurance policy, if it is not already covered, as it apparently is as Risk 10 on the ALTA Owner’s Policy and in First American Title’s Eagle Owner’s Policy and probably others?  That endorsement, by the way is not used for a loan policy, which covers it as Risk 14 on the ALTA Loan Policy.

Of course, as a practical matter, if no one else can get in to record either, it is unlikely an encumbrance will get ahead of the recording.

Regards,

Dwight

https://www.planetizen.com/news/2020/03/108791-more-questions-answers-real-estate

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