Pursuant to your invitation, I will correct you. I have been a practicing attorney with twenty years experience in real estate closings and title work. I know whereof I speak.The recording date of the mortgage no matter when it follows the execution date does not require that a new document be executed by a borrower. If you would take some time to review the land records in your area, you may note that very often the recording date follows the date of execution by days and in some cases weeks. This seems to be especially true of second mortgages and HELOCS.

The loans fund three days after the recission date in refinances and at the time of closing in the case of sales. The mortgage is not recorded until after the loan funds. The fact that the recording of a mortgage is delayed because and abstractor is not available to record it does not require the borrower close all over again, and there is no resulting expense to the law firm from the delayed recording. The only problem is that a lien holder may record a lien or mortgage in the interim between the date of execution and the date of recording. In this case you do not record the mortgage. The lender needs to have the borrower discharge the intervening lien or mortgage or risk having the lender accelerate payment on the mortgage at issue, make demand for payment and initiate a foreclosure action if payment is not made by the borrower.