What Do I Do if I Lost the Deed to My House?
- Recorder of Deeds. When the property was purchased, the property transfer was recorded at the county court office. ...
- Banks. Contact the lender and ask for a copy of the mortgage. Some states allow the lender to give the homeowners a deed of trust.
- Title Company. Hire a professional title examiner to do a complete title report on the house and property. ...
- Real Estate Lawyer. A real estate lawyer will need to be hired to help owners draw up a new deed, retroactive to the original purchase date.
What should I do if I Find my Lost Property?
- Items likely to be linked to crime. ...
- Firearms, weapons or ammunition.
- Illegal drugs, quantities of used drug needles, unidentifiable substances or other items that may pose a danger or harm to others.
- Hazardous materials such as acids, poisons, corrosive liquids.
- All Passports
What do you do if you lose your house deed?
if any deed conferring title to land or any interest therein or any real right, or any registered lease or sublease or registered cession thereof, or any mortgage or notarial bond has become lost or destroyed, a written application for the issue of a certified copy thereof may be made and must be accompanied by an affidavit.
Should you sell my house with a contract for deed?
One way to avoid this issue is to provide seller financing to the buyer by carrying back a contract for a deed. When you sell on a contract, the buyer makes monthly payments to you until he pays off the contract or it expires and he has to make a balloon payment of the remaining balance.
Do I Lose my Home if I file bankruptcy?
You won't necessarily lose your home in Chapter 7 bankruptcy—especially if you don't have much home equity and your mortgage is current. Whether you can keep your home after filing for Chapter 7 bankruptcy will depend on the following factors: the amount of equity in your home.
What to do if you can't find your title deed?
If not (or you cannot find it), approach a conveyancer ASAP to make the necessary application as soon as possible.
What is a title deed?
the circumstances under which it was lost or destroyed; an assurance that the deed has not been pledged or detained as security for debt; an assurance that an exhaustive search has been made if the deed was lost, and. a statement that the original title deed will be provided to the Registrar of deeds if found.
Can a real estate attorney get a copy of a deed?
A real estate attorney can also do the leg work to obtain a new copy of a deed. Attorneys may charge hourly fees or they may charge flat fees for simple tasks such as retrieving deeds. Also, if you retained an attorney during your house closing, he may have a copy of your recorded deed in his file, which he may provide to you as a courtesy.
Do title companies do closings?
In some states, title companies coordinate real estate closings, and prepare and record deeds. If you do not wish to personally undertake the task of retrieving your deed a title company can do it for you. Title companies fees for researching and obtaining lost deeds vary.
Head to the Courthouse
If you want a copy of your house deed, you can easily get one for a small fee. Generally, the register of deeds can search for your deed by your name, property address or legal description. You may obtain unofficial photocopies or certified copies of your deed upon request for a small fee.
Mail and Fax Your Request
Many counties allow you to request copies of certified or non-certified deeds by mail. Generally, fees for these deed copies are similar to in-person costs. Check with your register of deeds to determine the acceptable methods of requests, the search information required and exact fees, since each county has its own rules for copy requests.
Access the Records Online
Many counties allow parties to retrieve copies of deeds online for small fees, or even at no charge. For example, Wayne County, Michigan, permits the public to conduct deed searches for $6 and download printable copies for an extra $2 per page. Other places, such as Georgetown County, South Carolina, offer free online copies of deeds.
Use the Title Company
In some states, title companies coordinate real estate closings, and prepare and record deeds. If you do not wish to personally undertake the task of retrieving your deed a title company can do it for you. Title companies fees for researching and obtaining lost deeds vary. Commonly they are in the neighborhood of $100, plus county copying fees.
Hire an Attorney
A real estate attorney can also do the leg work to obtain a new copy of a deed. Attorneys may charge hourly fees or they may charge flat fees for simple tasks such as retrieving deeds. Also, if you retained an attorney during your house closing, he may have a copy of your recorded deed in his file, which he may provide to you as a courtesy.
How long does it take to get a copy of a title deed?
Anyone who has an objection to the issue of a certified copy of the Title Deed has a period of 2 weeks from the date of publication of the notice to file their objection with the Registrar at the Deeds Office.
What happens when you sell your house after months on the market?
After months on the market you have finally sold your house, your purchaser’s bond has been granted and you are ready to start the transfer. Then the Conveyancer asks you for the Title Deed for the property and your heart sinks …. you have no idea where it is.
Who can apply for a certified copy of a property?
It is important to note that only the owner of the property can apply for the issue of a certified copy. In the case of a property owned by a juristic entity, the application would have to be authorized by the members of the CC, directors of the Company or trustees of the Trust, as the case may be.
Can you get a copy of a lost title deed?
Even though the Deeds Office Regulations provide for the above mechanism to allow owners to obtain copies of their lost Title Deed, a Title Deed is a valuable legal document and owners are encouraged to take proper care in ensuring its safekeeping.
Can you use a lost title deed again?
Should you later find the original Title Deed that was lost, from the moment the Deeds Office issued a certified copy to replace it, that original is no longer a legally valid document and cannot be used again.
What Is a Deed?
A deed to your home is a legal document that sets out the legal ownership and tenure of the property. The tenure legally specifies whether the property is leasehold or freehold.
How to Get a Copy of Your Deed
There are few different ways to obtain a copy of your deed. These include visiting a land registry in person, requesting the document by mail, and printing a non-certified copy of your deed from an online service for free.
What Are the Uses of a Title Deed?
First, a title deed establishes the rightful owner of a property. That means it is the final word in any legal dispute regarding the property. It shows who has a financial interest in a property and who can legally take possession and access the property.
What to Do in a Boundary Dispute
As important as a title deed is, it doesn’t show clear boundaries in most cases. This can give room for boundary disputes. Also, a lack of precise boundary identification can make it difficult to know who is responsible for boundary maintenance.
Frequently Asked Questions
Yes, you can get a new deed if you can’t find the old one or need an updated copy. But, first, you need to find your property and title document number from a land registry.
What happens if you lose a deed?
If the deed is genuinely lost and not recorded, you can perfect your title with a replacement grant from your predecessor in title, or his heirs. This is not a new transfer, but a confirmation of the original one.
How to get a clear title on a lost deed?
Any title owner wishing to sell or refinance his house must prove ownership by producing the document which transferred title to him, known as his deed. Transfer deeds are typically copied and indexed ("recorded") in the public land records so that they become available for public viewing.
What is a transfer deed?
Transfer deeds are typically copied and indexed ("recorded") in the public land records so that they become available for public viewing . Typically the act of recording the deed proves title, such that the legal owner does not have to possess the original deed to transfer his home.
Where to file a quiet title?
Quiet title actions are typically filed in the superior court of the county where the real property is located, and the court has the power to grant such equitable relief as may be fair and proper in the circumstances. The burden of proof is on the title owner (plaintiff) to support his title claim. Title Vs.
Who records deeds on the buyer's behalf?
Contact the title company that you or your closing company hired when you purchased your home. Title companies examine a property's title to make sure that all liens are paid and the seller transfer clear title. Typically they record deeds on the buyer's behalf.
Do deeds have to be recorded?
Contrary to popular belief, a deed does not have to be recorded to be effective. However, it is tricky to prove title if you lose an unrecorded deed.
Does a copy of a deed prove title?
Locating a copy of the deed proves title, but not necessarily a clear title. Professional title abstractors search a variety of records and sources to determine of the title is good and clear. However, establishing legal ownership is a pre-requisite to obtaining title insurance, which offers protection against future adverse claims.
