Securitization and Property Records for Real Estate

in #realestate7 years ago

I am in the real estate industry and very interested in how blockchain can be used. Two very, very large issues loom.
Most real estate is purchased by borrowing money, from a bank, private lender, etc...., this has to be securitized, i.e, a mortgage is placed on the property. The only way a mortgage can be placed, is if the owners of the property i) wet sign a mortgage, and ii) the mortgage is recorded in the public records of the county where the property sits. Similarly, even if there is no financing involved in a transaction (i.e., it is an all "cash" deal), title to the property only changes when a deed is i) wet signed and ii) the deed is recorded in the public records of the county.

In the United States, all property transactions follow this basic format. So, title (or ownership) of the asset, along with any liens (mortgages, money judgments, materialman's liens, etc.) on the asset have to be recorded in the public records in order to be effective and put the world on notice. There are different rules across the states, but this is the basic premise.

It would seem that blockchain is ideally suited for something like this - however it seems that law would have to significantly change for blockchain to be implemented in this industry. I have thought of how to incorporate a smart contract for the transaction, but that does not address the transfer of title and lien issues as this is the part where states would have to mandate the counties to change what they have done for many, many, years.

would love to get some feedback on this...

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