Can you get a copy of your home deed?

[cin]

So, we're cleaning out MIL's house (which, by the way, is a disgusting mess) and we cannot find the deed to her house. Which is paid off. Which we are getting ready to sell. Anybody have any brilliant ideas for this one? (And I do not mean that sarcastically, I truly need some brilliance here!!!)

 

The woman has alzheimer's and even if we did ask her, she would have NO. CLUE. AT. ALL.

 

THANKS!!!!

[EmilyK]

Every state's system is slightly different, but basically there's no need to possess an original deed, unless it hasn't been recorded (which would be very unusual and a bad idea). So if you need it (in connection with a sale, probate etc), a title company or lawyer can get the current deed of record.

[ConnieB]

You can obtain a copy of it by going to the County Recorder's Office. Each County is different, of course, but typically the Recorder's Office is in the Courthouse.

 

All you need is the address of the residence to find ALL of the documents that have ever been filed regarding that property (you'll want to check for any liens against the property that are still oustanding so you can start dealing with those now so it doesn't delay or kill a sale). I would suggest also doing a search under MIL's name (and couldn't hurt to also do FIL) to be sure that there isn't other property they own that you aren't aware. For any property they owned and sold you'll see the paper trail of the purchase then the sale....any that don't have a sale would mean they may still own it.

 

I'm sorry you're having to deal with this....that disease is just awful. :grouphug:

[LizzyBee]

You might be able to print it off the internet. Go to her county's website, then the register of deeds page. If the deeds are available online, you can usually do a search by name. Another way to find it, depending on the software your county uses, is to go to the county tax website and look up her property. Sometimes this page will include information about the last sale, including the book and page number where the deed is recorded. You can then go back to the register of deed page and search for the deed by book and page number.

 

If you search by name, all the liens, etc should come up in addition to the deed.

[ConnieB]

One caution about doing this by Internet....if you're also looking for other property they might own, or older liens, etc.....not all county's have everything available online.....many will only go back a certain number of years. I'm guessing that MIL is elderly enough that they could have purchased a property decades ago....true you'd think the kids would know about any rental property, but often parents just don't tell their kids everything about their finances......we found that my husband's grandfather owned quite a number of rental homes....and we all thought they had "nothing", turned out he had bought them when his own kids were young, so they were all paid off and just bringing in rental income through a management company and a single deposit into the bank account each month, which DH's father (the eldest son) who was helping Gramps with his finances was told was retirement income! Without having searched the records carefully they never would have found out and of course closed the bank account and who knows what might have happened to all that money each month....or the properties.

 

When someone dies and there hasn't been someone intimately involved in their finances for a while beforehand, it's best to search recordings from every county they've lived in, just to be sure you are getting all the records. "Our" generation is a bit better about keeping records in our home to be found after our death, but the previous generations didn't always do so....same as wives of our parents seldom knew where bank accounts, etc were...."DH always handled that"....and now he's dead. Many many life insurance policies never get cashed because the deceased never told family about the policy.

 

Another thing to check is with each State where they have lived (or worked if they ever crossed borders to work or regularly do business) for "unclaimed property". This should be done for a couple years after the deceased, because each state has different rules about when something is abandoned....some bank accounts have to have no activity for two years and then the bank is required to attempt to locate the owner, so it could be three years after their death before it's turned over to the State.

 

For those who have elderly relatives still mentally competent....it's best to have a discussion about their finances....if only to tell them stories like these so that they either keep their important files neat or at least make a list of what they have and where! Almost all documents can be replaced if their file "system" isn't too good, so long as you know where/what to look for.

[cin]

Fortunately, this is the only property they own. thanks for the info. I'll pass it along to DH who has POA. Of course, he can't wait to have to go searching for this, during regular business hours aka: more time off work.

[ConnieB]

Fortunately, this is the only property they own. thanks for the info. I'll pass it along to DH who has POA. Of course, he can't wait to have to go searching for this, during regular business hours aka: more time off work.

 

If you're absolutely sure that this is the only property they own, if it's available via the Internet option would mean you can do it 24/7. Also, check with the Recorder's Office, they may have weekend/evening hours.....or, since it's a public document anyone can get a copy of the deed, so you could do it (yeah, like you really want to schlep the kids downtown, but ya know....that's what we do. sigh)

[EmilyK]

You only need the deed if you are needing to use it. If you know she owns the property, there's no reason to get a copy of the deed until you are selling or probating the property.

[LaxMom]

Fortunately, this is the only property they own. thanks for the info. I'll pass it along to DH who has POA. Of course, he can't wait to have to go searching for this, during regular business hours aka: more time off work.

You don't need any special powers to get a deed record from the courthouse. It's a public record. (As in, you could go... you may be able to just call them and get it by mail)

 

Otherwise, as already noted, the title company will do the research for the closing when you sell the property. It doesn't matter if you have the deed or not (at least here), a title company still has to attest to free and clear title, liens, etc.