WHY, AND WHAT, DOCUMENTS ARE "RECORDED" WITH THE COUNTY RECORDER
The purpose of "recording" a legal document relating to real estate is to give the world what is called "constructive notice" of the existence of the document in question. That is, once a document is properly "recorded" with the Recorder's office, the document becomes notice to the world of the rights and duties of the parties to the document as such rights and duties relate to the real estate at issue.
Ohio is what is known as a "race/notice" state. Based on the theory that in general, documents recorded early in time have legal priority to documents filed later in time, one "races" to the Recorder's Office to give "notice" of their claim of interest in the real estate - whether that interest is a transfer of the property or an encumbrance of the property by a mortgage or a lien.
You should note that the County Recorder's office is not the only place where documents affecting ownership and rights in real estate exist. Real Estate can also be affected by such things as:
a) Judgment Liens, filed with the Clerk of Common Pleas Court
b) Pending Litigation against the real estate in the Common Pleas Court and in the United States District Court;
c) Terms and conditions of Decrees of Divorce and Dissolution, as filed with the Clerk of the Common Pleas Court;
d) Probate matters, filed with the Probate Division of the Common Pleas Court
e) Bankruptcy matters, file with the United States District Court, Bankruptcy Division;
f) Real Estate Taxes, as accounted for through the office of the County Treasurer.
g) The Office of the Ohio Secretary of State, for matters related to the legal existence of corporate buyers and sellers of real estate, and for rights of creditors in fixtures within the subject real estate.
With the above in mind, however, Recorder's Office is the "home" of many of the documents you frequently deal with in your practice. These documents include:
a) Deeds;
b) Mortgages;
c) Liens, other than Judgment Liens, but including Mechanic's Liens and IRS Liens;
d) Easements;
e) Powers of Attorney;
f) Options;
g) Leases;
h) Miscellaneous Affidavits Affecting Title; and
i) Condominium Declarations and Plats.
The law generally will not protect you from claims of third parties who do not have public notice of your rights. Recording documents is a critical step in ensuring the enforceability of your transaction.