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Is it customary for a seller to not transfer keys until after the deed is recorded? I recently received some legal stuff from the closing attorney which stated this. Furthermore, it also said that since I close after 12:00pm, the deed wouldn't be recorded until the next day. My realtor confirmed this with me and said that the sellers were unwilling to transfer the keys until the deed closes.
Ordinarily this wouldn't be a problem, but seeing as how a) I'm moving from 300 miles away and b) the house is already empty, I don't think this will work.
Weird. I closed at 3pm on the day before the 4th of July holiday weekend. The deed was recorded after the long weekend and I still got the keys at closing. The seller was totally cool with it, no problem, no discussion. I guess the only recourse is to talk to the sellers and plead your case. Otherwise, you'll have to pay the movers to house your stuff in the vans and you'll have to stay in a hotel until the next biz day.
It is not a done deal until it has been recorded at the register of deeds office. Funds are also not dispersed until this has taken place.
Each attorney has there own process and time frame for recordation.
In my experience most sellers give up keys at the closing table but I have seen some that don't. I continue to warn clients who are purchasing that it legally is not there home yet.
You would need to speak with the attorney and seller directly for further help.
Location: Sunny Phoenix Arizona...wishing for a beach.
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Quote:
Originally Posted by DBGNCSU05
Is it customary for a seller to not transfer keys until after the deed is recorded? I recently received some legal stuff from the closing attorney which stated this. Furthermore, it also said that since I close after 12:00pm, the deed wouldn't be recorded until the next day. My realtor confirmed this with me and said that the sellers were unwilling to transfer the keys until the deed closes.
Ordinarily this wouldn't be a problem, but seeing as how a) I'm moving from 300 miles away and b) the house is already empty, I don't think this will work.
Is there any thing I can do here?
That's the way I did it in Arizona, record first and then key.
Well I understand that the house isn't legally mine until the deed is recorded, I just don't understand the harm in turning the keys over at closing. These sellers have been a PITA from day 1, so I guess I shouldn't be surprised.
We did not get our keys until deed was recorded too..
Quote:
Originally Posted by DBGNCSU05
Is it customary for a seller to not transfer keys until after the deed is recorded? I recently received some legal stuff from the closing attorney which stated this. Furthermore, it also said that since I close after 12:00pm, the deed wouldn't be recorded until the next day. My realtor confirmed this with me and said that the sellers were unwilling to transfer the keys until the deed closes.
Ordinarily this wouldn't be a problem, but seeing as how a) I'm moving from 300 miles away and b) the house is already empty, I don't think this will work.
Is there any thing I can do here?
We just closed on our house on Monday, we did not get our keys until they recorded the deed luckily it was around 2:30 pm. Coming from Florida we got our keys at closing. Every situation is different depends on seller and closing attorney. Since you said the seller was a PITA, chances is slim they will compromise. I had different problem also with our seller too.
Well I understand that the house isn't legally mine until the deed is recorded, I just don't understand the harm in turning the keys over at closing. These sellers have been a PITA from day 1, so I guess I shouldn't be surprised.
Its the insurance companies you should be cussing. Should the house flood and you were living there your insurance company would not pay anything and the sellers probably would not either.
I understand recording is not even required for the deed to be valid...they record it to make a third party aware, and in case the house is sold twice whoever recorded it first gets the deed. The keys should be given as soon as both parties sign. But, all is negotiable nowdays anyhow, so unless you negotiated otherwise you should've received the keys at closing.
I just learned something new here, about not getting keys until the deed is recorded. In MD, that would never happen, you get the keys at closing. Thank goodness for that, when we bought the house we just sold, the deed did not get recorded for seven months!!! That would have made for a very unhappy camper if I didn't have a home for that long.
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We did not get our keys until deed was recorded too..
