The Commissioner of Philadelphia’s Department of Records serves as the city’s Recorder of Deeds. Most people know we record property deeds when you buy or sell real estate, but there’s another important job we do that many people don’t know about.
What happens when property ownership gets complicated
Sometimes, property ownership can be a legal challenge. It’s possible someone has forged a deed (known as “deed fraud).” It’s also possible two people claim they own the same property. When this happens, the case often goes to court.
The court will look at all the evidence and decide who really owns the property. This type of case is called a “quiet title” action. The court’s job is to “quiet” or settle the dispute about who has the title to the property.
When we step in to sign deeds
Here’s where our office comes in. After the court makes its decision, someone usually needs to sign a deed to make the ownership official. But what if that person can’t or won’t sign? This happens sometimes, especially in fraud cases where the person who caused the problem has disappeared.
When this happens, the court can expressly order the Commissioner, as the Recorder of Deeds, to sign the deed instead. The court order must specifically direct the Commissioner to sign the deed – it can’t just be a general order about the property. The Commissioner acts on behalf of the person who should have signed it. This makes sure the rightful owner gets proper legal title to their property.
How the process works
If you need the Commissioner to sign a deed because of a court order, here’s what you need to do:
What to bring:
- The proposed deed (prepared according to our webpage requirements)
- An original certified copy of the court order
- Both documents must be brought to Room 156, City Hall, 1400 JFK Boulevard, Philadelphia, PA 19107, or you can mail them to us
What we do:
Our team will carefully review both documents. We check to make sure:
- The deed follows all our recording requirements
- The deed matches what the court order says
- Everything is filled out correctly
Once reviewed and approved, the Commissioner will sign the deed for you.
After signing, we can either record the deed and court order for you or return them to you if you prefer to handle the recording yourself. By recording the court order with the deed, the public record shows why the Commissioner signed the deed.
Fees and Taxes
You may be required to pay recording fees and realty transfer taxes. This depends on what the court order says. If the court order specifically states for example that recording should be done without payment of fees and taxes, then you won’t owe anything. Otherwise, the normal fees and taxes will apply.
Why a new deed is important
You may wonder: “Can’t I just record the court order by itself?” While you’re free to record just the court order, that alone won’t change ownership back into the rightful owner’s name on the public record.
This means the city’s records for real estate taxes, water bills, and other services won’t show the correct owner. A new deed is needed to properly update all these official records and make sure the rightful owner is recognized everywhere.
How long it takes
We aim to process these court-ordered deeds within 10 business days. If we find problems that need to be fixed, we’ll contact you or your attorney right away. Once you make the corrections, we can move forward with signing and recording the deed.
Important Planning Note: Don’t wait until the last minute if you have a real estate closing or other time-sensitive issue coming up. If you need to sell the property and have a closing scheduled in just a day or two, that doesn’t give us enough time to review and sign the deed. This could put your closing at risk. Plan ahead and bring us your documents well before any scheduled closing date or other deadline.
Why this matters
This special role helps protect property owners in Philadelphia. When fraud happens or ownership disputes arise, the courts can count on our office to help make things right. We make sure that when the legal system decides who owns a property, the paperwork gets completed properly.
If you have questions about this process, you can visit us at Room 156 in City Hall, call us at 215-686-2262, or email us at records.info@phila.gov. To submit documents for court-ordered deed signing, visit us in person or mail your documents to us at Room 156, City Hall, 1400 JFK Boulevard, Philadelphia, PA 19107. You can also check our website for more information about deed preparation requirements.
The Philadelphia Department of Records is committed to protecting property rights and maintaining accurate real estate records for all city residents.
