1) v. (ree-cored) to put a document into the official records of a county at the
office of the County Recorder or Recorder of Deeds. The process is that the document
is taken or sent to the Recorder's office, a recording fee paid, the document is
given a number (a document number, volume or reel number and page number), stamped
with the date (and usually the time) of recording and then in most modern offices,
microfilmed and the document returned a short time later. Normally recorded is any
document affecting title to real property such as a deed, deed of trust, mortgage,
reconveyance, release, declaration of homestead, easement, judgment, lien, request
for notice of default, foreclosure, satisfaction of judgment, decree of distribution
of a dead person's estates and sometimes long-term leases. These recordings provide
a traceable chain of title to the property and give the public "constructive" notice
of all interests in the property. In most states if there is more than one document
affecting the property (such as two deeds, two mortgages, or a judgment and mortgage),
the first one recorded has "seniority" and first claim on the property in what is
called a "race to the courthouse. " 2) v. to write down or tape the minutes, financial
transactions, discussions and other happenings at meetings. 3) n. (reck-urred) in
trials, hearings or other legal proceedings the total of the proceedings which are
transcribed by a court reporter and included in the minutes of the clerk or judge,
as well as all the documents filed in the case. On an appeal, the record includes
everything that transpired before the appeal, upon which the written briefs (opposing
legal arguments) and oral argument are based. On appeal the court can consider only
the record, unless there is a claim of "newly discovered evidence. "
See also appeal deed deed of trust hearing mortgage proceeding race to the courthouse
trial
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