The phrase “Of Record” is crucial in various legal and financial domains. It pertains primarily to the official recording of documents and legal testimony.
Document Recording
Definitions
- Deeds: Legal instruments (documents) that convey an interest in real property.
- Mortgages: Financial agreements where property is used as security for a loan.
Legal Transcripts
Testimony
- Official Transcript: A verbatim record of spoken statements in legal proceedings.
Attorney of Record
Role
- Attorney of Record: The lawyer officially designated to receive legal documents on behalf of a party.
Importance in Legal Processes
Advantages of Document Recording
Recording documents like deeds and mortgages with the appropriate entity (e.g., County Recorder Office) ensures:
- Public Notice: Provides public visibility of transactions, which is crucial for establishing property rights and interests.
- Legal Validity: Recorded documents are considered legally binding.
Legal Transcripts and Accuracy
Accurate and complete legal transcripts are indispensable for:
- Appeals: Serving as the foundation for appellate review.
- Permanent Record: Acting as an official account of legal proceedings.
Responsibilities of the Attorney of Record
The attorney of record:
- Service of Papers: Receives all legal documents on behalf of their client.
- Representation: Officially represents their client in legal matters.
Document Procedures
Types
- Real Property Deeds: Transfer ownership from one party to another.
- Mortgages: Secure loans with property as collateral.
Special Considerations
- Recording Requirements: Specifications vary by jurisdiction.
- Fees: Recording involves various fees, depending on the document type and county.
Example
Deed Recording
Imagine a property buyer records the deed with the County Recorder’s Office. This action:
- Publicly Notifies: Community and potential creditors about the change in ownership.
- Establishes Rights: Ensures the buyer’s ownership rights.
Attorney of Record Example
In a divorce case, the attorney of record:
- Receives Documents: Gets all court documents related to the case.
- Files Motions: Submits necessary legal motions on behalf of their client.
Historical Context
Evolution
- Common Law Origins: Concepts of recording and official testimony have roots in common law.
- Modernization: Electronic recording and e-filing systems have streamlined these processes.
Applicability
Broad Scope
The term “Of Record” applies across:
- Real Estate Transactions: Recording of deeds and liens.
- Court Proceedings: Official transcripts and attorney representation.
Comparing Related Terms
Related Legal Terms
- Recording Statutes: Laws that govern the official recording of documents.
- Registrar: An official responsible for maintaining records.
- Public Record: Documents that are open for public inspection.
Frequently Asked Questions
What Happens if a Deed is Not Recorded?
If a deed is not recorded, the transfer might not be recognized legally, potentially leading to disputes over property ownership.
Is an Attorney of Record the Same as a General Counsel?
No. An attorney of record is specific to a particular case, whereas a general counsel serves a broader ongoing advisory role within an organization.
References
- Black’s Law Dictionary
- American Bar Association: “Understanding Property Deeds”
- U.S. Legal: “Role of the Attorney of Record”
Summary
The term “Of Record” encompasses critical legal processes involving the official recording of documents and testimony, as well as the designation of an attorney to receive legal documents on behalf of a party. Understanding this term is essential for anyone involved in legal, financial, and real estate transactions, ensuring clarity and legal standing in various proceedings.
