Tuesday, September 30, 2008

query: can a copy of a deed be recorded in Pennsylvania

Yes, and depending on the reason for the recordation, you have two choices.

If you wish to have a copy recorded as a stand alone instrument, you'll need to get a court certified copy.   You get this from the Recorder's office in which the original deed was recorded.  The Recorder of Deeds will create a copy, then stamp and seal it as a certified copy of the original document. 

If you are only trying to get a copy of a deed on record for informational purposes, you could add it as an exhibit in another instrument in which you are citing the purpose of inserting the deed.  This is a fuzzy way to get something on record and the parties on the exhibit will not be entered into the index.  We use this method to get some items on record when the original is not in recordable form and would not really stand up on its own.  For instance, let's say there is a legal right of way on record for a private drive but no maintainance provisions.  If a mortgage lender wants a maintenance agreement and has directed the borrowers to make one and you have been handed a ridiculous - consumer created - document that the lender says is A-okay by them, you can record it as an exhibit with the deed. 

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