Recordability of Settlement Agreements

[frenchalley]

I'm the Plaintiff in a water intrusion (from my neighbor) lawsuit. A term in the settlement agreement was to sign a recordable document (Recordable Release) so the release can be recorded with the County. When the Defendants filed the Release, the Recorder's Office rejected it stating "there is no provision to record this document. We would need to know the type of lien/instrument that was recorded, as well as the recording reference."

My questions are: Doesn't this mean that settlement agreements aren't the type of documents that can be recorded? And if so, why? Is it because they fit under the cagegory of "negotiable instruments" that aren't recordable? And if so, doesn't it also mean that the Defendants request to include the recordable document clause in the settlement agreement to begin with was invalid/faulty, therefore it voids that clause in the settlement agreement? Thanks

 

[Michael Wechsler]

Based upon the exact words you're using, it seems that the problem is that there is no provision in the settlement agreement that states the lient that was filed and the type of lien filed that is to be released. The idea is that a lien is placed upon a property and is recorded. When released, the county needs to know how to locate the lien so it can be released. Might that answer your question?