Title professionals in Franklin County, Ohio have been caught off guard by the recently elected recorder's new practice of "unrecording" deeds that have what the recorders' office believes to be "fatal errors".

Under the new practice, after recording documents in the index, the county reviews the documents for quality assurance purposes.  If the document has a serious error such as a missing signature, notary stamp, or legal description that the recorder's office deems "fatal" to the document, the recorder's office removes the document from the index and notifies the recording party that it will have to be re-recorded.  Franklin County Recorder Terry J. Brown calls the process "rejecting" the document.

But according to a report in the Columbus Dispatch, title professionsals have brought up serious concerns over the practice.  In particular, they are worried that someone will rely on a document that they find in the public record, only to have the document later disappear.  And while there might be some problems with the documents, they've brought up the possibility that the documents, even if flawed, could be effective in some circumstances, even if they later have to be corrected-- or even if they are not corrected. 

After complaints, Recorder Brown has requested that the Prosecutor's office review when it is proper for his office to unrecord a document.  An answer is expected this week.

The original report in the Columbus Dispatch can be found here.