The records at the county Clerk of Court have traditionally been relied upon as true and accurate if they were propertly recorded. However, an audit was done in Texas and the Williamson County Clerk of the Court's office. The results of this audit revealed that over 50% of the real estate records involved alleged robosigning, illegal notarizations, and illegal foreclosures. Each county clerk across the country maintains records of who owns land within that county. Most state laws require recording of documents regarding liens on property which includes the deeds and the assignments related to the transfer of those loans.
Lenders and mortgage servicers have violated state law and people's property rights which now clouds the titles of millions of unsuspecting property owners. This could affect the property owner's ability to refinance, to sell their property and to obtain title insurance. If the problem is not addressed, we may find that homebuyers who fail to obtain title insurance may find themselves a victim to claims by previous owners even after closing.
Florida legislators are well aware of this problem but keeping it on the down low. They have recently proposed allocating a portion of the robosigning settlement money to Clerks of the Court to deal with the problem but since records were shredded after MERS and the banks have been remiss in so many ways, I'm not sure that anyone has an answer of how we can restore the integrity of our real estate records. The advise below about getting Title Insurance while you still can is golden more so than ever.