What if names do not match public records

If a name mismatches, the county recorder or title examiner will usually raise an exception. Correct by re-executing with the exact legal name or provide an affidavit of identity to resolve the discrepancy.

Can a direction be signed electronically

Yes when ESIGN and UETA permit electronic signatures and no statutory exception applies. For consumer-facing transactions include the ESIGN consumer disclosure and verify signer consent to electronic records.

When is RON acceptable for recording

RON is acceptable where the county recorder and state law permit it. Confirm the recorder accepts e-recorded RON documents and retain the audio/video identity proofing record as required.

What happens if a deed needs two witnesses

If the jurisdiction requires two witnesses, ensure both observe signing and sign the instrument. Missing witness signatures typically require re-execution or a corrective affidavit.

How long should records be kept

Keep executed directions and recorded instruments for the active term plus at least three years; follow industry-specific mandates such as IRS (3 years) and HIPAA (6 years) where applicable.

How to avoid courier or re-execution fees

Provide complete directions, confirm county requirements in advance, use electronic submission where allowed, and obtain proper notarization to prevent rework and added fees.

Electronic Signature
Templates
Legal
Legal Direction re Title Document

Legal Direction re Title Document

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LEGAL DIRECTION RE TITLE DOCUMENT

This Legal Direction is made between Client Name: and Title Agent Name: regarding File/Closing No.: and Property Address: . Transaction Date: .

RECITALS

WHEREAS, Client is the party that executed or holds certain original instruments, records, or other title documents relating to the Property, including but not limited to deeds, security instruments, assignments, releases, notes, endorsements, policy originals and any endorsements thereto (collectively, the "Title Documents"); and

WHEREAS, Title Agent is engaged to hold, deliver, record, file, or otherwise manage the Title Documents in connection with the Transaction identified above pursuant to the terms and conditions set forth herein; and

WHEREAS, the parties desire to set forth their mutual instructions and directions regarding the custody, delivery, recording and release of the Title Documents and to allocate related responsibilities, liability and indemnities.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

For the purposes of this Direction, the following terms shall have the meanings set forth below:

"Title Documents" means the instruments and records described in the recitals and any originals, certified copies, endorsements, releases or related documents that are necessary to consummate, evidence, perfect, release or record title in connection with the Transaction.

2. DELIVERY, DELIVERY CONDITIONS AND ADDRESSEES

Client directs Title Agent to deliver the Title Documents as follows.

Deliver To (name and contact) Deliver To (address)

Delivery Condition (select all that apply):

Hold and deliver Title Documents only upon recordation of documents necessary to effect the Transaction ("upon recordation").

Deliver Title Documents upon confirmed funding and disbursement as instructed by Client ("upon funding").

Deliver Title Documents upon receipt of express written authorization from Client to Title Agent.

Other conditions or instructions

3. RECORDING AND FILING

Title Agent is authorized and instructed to prepare, file and record those Title Documents that require recording pursuant to applicable law, to pay recording fees and taxes from funds provided by Client or from escrowed funds as agreed, and to obtain and deliver evidence of recordation to Client unless otherwise directed in writing. Client shall supply Title Agent with sufficient funds, checks or authorization to debit amounts necessary to complete recording.

Recording instructions or required instruments

4. RELEASE, RETURN AND DESTRUCTION

Except as expressly provided herein, Title Agent shall not release originals of Title Documents to any person other than the Deliver To party identified above without prior written direction from Client. If authorized by Client in writing, Title Agent may return originals to Client upon completion of recording or may securely destroy duplicates as directed. Title Agent may retain non-original copies for its records.

5. INDEMNIFICATION AND LIMITATION OF LIABILITY

Client shall indemnify, defend and hold harmless Title Agent and its affiliates, officers, directors, employees and agents from and against any and all claims, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with Title Agent's good faith reliance upon Client's directions or with respect to the custody, release, delivery or recording of the Title Documents, except for losses determined by final adjudication to have resulted from Title Agent's gross negligence or willful misconduct. In no event shall Title Agent be liable to Client for consequential, special, incidental or punitive damages.

6. REPRESENTATIONS AND WARRANTIES

Client represents and warrants that Client has the full right, power and authority to deliver these directions, to instruct Title Agent concerning the Title Documents, and to bind the property and any relevant transaction to the directions contained herein. Client further represents that the directions do not conflict with any mortgage, lien, order, judgment, bankruptcy proceeding or other encumbrance unless previously disclosed in writing to Title Agent.

7. NOTICES

All notices or other communications required or permitted under this Direction shall be in writing and delivered by hand, overnight courier, or certified mail, return receipt requested, to the addresses set forth below (or to such other address as either party may designate in writing).

Client Notice Address Title Agent Notice Address

8. FEES AND EXPENSES

Unless otherwise agreed in writing, Client shall be responsible for and shall pay all reasonable charges, fees and disbursements incurred by Title Agent in relation to the custody, delivery, recording and processing of the Title Documents, including but not limited to recording fees, courier charges, photocopying and reasonable attorneys' fees for enforcement of this Direction.

Fee payment instructions

9. AMENDMENT, WAIVER AND COUNTERPARTS

This Direction may be amended or waived only by a writing signed by both parties. A waiver by either party of any breach of this Direction shall not operate or be construed as a waiver of any subsequent breach. This Direction may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be deemed originals for all purposes.

10. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This Direction shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. If any provision of this Direction is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Direction shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. This Direction constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

11. MISCELLANEOUS

The headings used in this Direction are for convenience only and shall not affect the interpretation of this Direction. Any reference to a statute or regulation includes subsequent amendments. The obligations of Client under this Direction shall survive the delivery or recording of the Title Documents to the extent necessary to effectuate the parties' intent.

Client

Printed Name:

By:

Date:

Title Agent

Printed Name:

By:

Date:

What the Legal Direction re Title Document Is and When It Applies

A Legal Direction re Title Document is a written instruction from a lender, attorney, or title insurer that directs a title company or closing agent how to prepare, hold, deliver, or record a title-related instrument (deed, deed of trust, release, or title affidavit). It specifies who receives the title papers, what endorsements or lien releases are required, applicable escrow routing, and any recording or notarization instructions; it typically accompanies closing deliverables and becomes part of the closing file for later audit or title insurance underwriting purposes.

Why clear legal direction matters for title handling

Clear written direction reduces recording errors, prevents lien-release omissions, and ensures the title company follows lender and insurer requirements. Precise instructions protect all parties by controlling chain-of-title actions and preserving underwriting requirements during and after closing.

Who commonly prepares and relies on these instructions

Typical authors and recipients of a Legal Direction re Title Document include lenders, closing attorneys, escrow agents, and title insurers; each party has a distinct role in the closing chain.

Lenders and servicers: Provide payoff amounts, lien release instructions, and recording preferences to protect mortgage priority and funding conditions.
Title companies and closers: Follow directions for endorsements, recording sequence, and delivery to secure clear title for the buyer.
Closing attorneys and escrow agents: Coordinate statutory notices, ensure notarization/witness requirements are met, and preserve the closing record.

Core elements to include for a professional direction

A complete Legal Direction re Title Document combines identity details, specific title actions, delivery instructions, signatures, authentication steps, and references to governing law so recipients can execute tasks without ambiguity.

Parties

Identify all named parties with full legal names and roles (payer, payee, borrower, lender, closing agent) so responsibility and routing are unambiguous.

Document List

List each instrument by title and recording details (e.g., deed, release, assignment), including any required endorsements or attachments to avoid omissions at recording.

Delivery Instructions

Specify physical or electronic delivery method, final recipient address, escrow routing, timing relative to funding, and whether original documents must be retained or returned.

Recording Steps

State the county recorder, recording order, and whether simultaneous recording or stamped copies are required to preserve lien priorities.

Authentication

Note notary or witness requirements, acceptable notarization methods (RON vs in-person), and any identity-proofing or KBA needed for signers.

Governing Law

Declare the governing jurisdiction and any insurer or lender references that affect interpretation or post-closing obligations.

Required fields and minimal data elements

Full legal name: As on ID

Document title: Deed, release, assignment

Recording county: County name

Delivery method: eDelivery or physical

Signature date: MM/DD/YYYY

Notary/witness note: Count required

Step-by-step: preparing and issuing the direction

Follow these sequential steps to prepare, verify, and distribute a Legal Direction re Title Document so the title company can act without delay.

01

Draft: Prepare the direction with all required fields and references.
02

Verify: Confirm names, property details, and payoffs with lender data.
03

Authenticate: Obtain signatures, notarization, or RON evidence as required.
04

Deliver: Send to title company and retain a signed copy for audit.

Configure an online workflow for title instructions

Map a digital workflow that captures required fields, enforces signatures, and routes completed items to title and escrow teams.

Field	Configuration
Signer order	Sequential routing to lender, signer, closer
Authentication	Email + SMS OTP or higher-level KBA
Document retention	Automated archival and access controls
Notifications	Email status updates and completion certificates

Where to send, record, and archive completed items

A clear routing path ensures title documents reach the correct recorder, insurer, and closing file without losing chain-of-custody.

Title company: Primary recipient for originals and escrow copies.
County recorder: Submit originals or e-record per county rules.
Lender/servicer: Return endorsed originals or recorded copies to lender.
Title insurer: Provide signed direction for underwriting review.

Digital signing and e-submission considerations

Use a platform that supports secure eSign, notarization workflows, and preserves an auditable certificate of completion.

File formats: PDF, Word DOCX supported
Integrations: Works with Salesforce, Microsoft 365, NetSuite
Notarization: Supports RON and in-person notarization

Common timelines and processing expectations

Timelines depend on county processing, lender funding conditions, and whether electronic recording is available; plan closing and recording around these common windows.

Pre-closing review:

Allow 48–72 hours for payoff and title exception review.

Recording turnaround:

Electronic recording often posts within 1 business day; county backlog can extend to 5–10 days.

Funding hold:

Lenders may hold funding until recorded documents return.

Document retention:

Retain executed originals until recording confirmation received.

RON recording rules:

Some counties accept e-recorded RON documents; confirm ahead of closing.

Frequent errors that delay title processing

Incorrect legal names or missing suffixes that mismatch public records and lead to title examiner exceptions and re-execution requests.
Unclear recording county or instrument descriptions that cause documents to be recorded in the wrong jurisdiction and require corrective instruments.
Failure to specify notary type (in-person vs RON) resulting in rejected recordings or delayed insurance endorsements.
Missing delivery instructions for originals versus recorded copies, producing lost documents or insufficient escrow funds for replacement.

Consequences of incorrect or incomplete directions

Recording delay: Can postpone funding

Title exception: Insurer may decline endorsement

Re-execution: Requires additional signings

Increased costs: Extra notary or courier fees

Liability: Potential lender or closer exposure

Insurance risk: Coverage limits or exclusions

eSignature vendor comparison for title direction workflows

Compare common platform criteria relevant to signing and routing Legal Direction re Title Document; signNow is listed first for vendor parity and pricing context.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Common questions and quick solutions

Answers to frequent issues encountered when preparing, signing, or submitting a Legal Direction re Title Document.

Need help? Contact support

What if names do not match public records
If a name mismatches, the county recorder or title examiner will usually raise an exception. Correct by re-executing with the exact legal name or provide an affidavit of identity to resolve the discrepancy.
Can a direction be signed electronically
Yes when ESIGN and UETA permit electronic signatures and no statutory exception applies. For consumer-facing transactions include the ESIGN consumer disclosure and verify signer consent to electronic records.
When is RON acceptable for recording
RON is acceptable where the county recorder and state law permit it. Confirm the recorder accepts e-recorded RON documents and retain the audio/video identity proofing record as required.
What happens if a deed needs two witnesses
If the jurisdiction requires two witnesses, ensure both observe signing and sign the instrument. Missing witness signatures typically require re-execution or a corrective affidavit.
How long should records be kept
Keep executed directions and recorded instruments for the active term plus at least three years; follow industry-specific mandates such as IRS (3 years) and HIPAA (6 years) where applicable.
How to avoid courier or re-execution fees
Provide complete directions, confirm county requirements in advance, use electronic submission where allowed, and obtain proper notarization to prevent rework and added fees.

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