If parties to a transaction agree in writing, when can the settlement agent record the document?

The settlement agent can record the document prior to funds being available for disbursement when the parties have agreed in writing. This option recognizes that the recording of documents is often a step that can be completed independently of the disbursement of funds. There can be situations where the title transfer needs to be documented officially before the actual financial transactions occur, which can safeguard the rights and interests of the parties involved.

Recording a document provides public notice of the transaction and protects the interests in the property, making it an essential step that can happen at the appropriate time as agreed upon by the parties, even if funds have not been disbursed yet. In a well-structured real estate transaction, the timing of recording and disbursement can be strategically planned based on the needs and agreements of those involved.

The other options imply restrictions or conditions that are not universally applicable in all transactions, such as limiting recording strictly to after funds are disbursed or only at closing, which may not reflect the flexibility that an agreement in writing can provide. This flexibility allows for the completion of the recording process to occur at a time that ensures all parties' interests are adequately protected.