I don't understand how recording early could possibly result in any liability. Worst case scenario, like Pat said, if the lender decided they didn't want the mortgage recorded, they could just release it.
I agree that the clerk should not have recorded (or even opened) something that came addressed to you, but I'm sure it was an honest mistake. No harm - no foul.
I don't think I would have refused to do the update. I would have just done the update and showed the recording information for the mortgage. I'm sure that is all the client needed, just to verify that there were no changes to the title and get the recording information so they could issue their policy.
Best,
Robert A. Franco
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