Having the title deed to your property is extremely important It legally proves ownership and allows you to take actions like selling your home or using it as collateral for a loan But what if you’ve misplaced your deed or are unsure who holds it? Don’t worry – this guide will walk you through how to find your property’s deed and understand what it means.
What Is a Property Deed?
A property deed is a legal document that transfers ownership of real estate from one party to another It contains important information like
- Names of the grantor (seller) and grantee (buyer)
- Description of the property
- Sale price
- Signatures of the grantor and grantee
Deeds must contain these elements to be valid under the law. Once signed, the deed is considered an official transfer of property ownership that is binding.
Why Do You Need the Deed?
Having the deed provides critical legal proof that you rightfully own the property. As the property owner, the deed allows you to:
- Sell the home to another party
- Use the property as collateral for loans
- Rent out the property
- Make improvements to the land and buildings
- Pass it to heirs through inheritance
You’ll also need the deed if any title disputes come up later. It’s your evidence to show legal ownership.
How to Find Your Property Deed
If you’ve misplaced your deed, don’t panic. Here are some steps to locate it:
Check with Your Closing Agent
Your real estate closing agent likely gave you a copy at closing when you originally bought the property. Contact them to see if they have a copy on file.
Contact the County Recorder’s Office
Deeds are public records registered with the county. Contact their office to request a copy.
Search Property Records Online
Many counties now have online property record databases you can search for deeds. Try looking for “[Your County] property records” to find their website.
Hire a Title Company
For a fee, a title company can search official records and provide you with a copy of your deed. This is useful if a deed is very old or hard to locate.
Following these steps, you should be able to locate your original property deed. Be sure to keep it in a safe place going forward!
Types of Property Deeds
There are a few common types of deeds used in real estate transactions:
General Warranty Deed
This offers the buyer the most protection. The seller guarantees they have clear title to the property and will be liable for any defects. It’s the best deed for buyers.
Special Warranty Deed
The seller only warrants title issues arising during their ownership, not before. The buyer has less protection than with a general warranty deed.
Quitclaim Deed
This deed provides the buyer no guarantees about the title at all. The seller conveys the property “as is.” The buyer assumes full risk of any defects.
Other Types
Tax deeds, administrator’s deeds, and sheriff’s deeds are examples of other special deeds used in unique legal or tax cases.
The deed type affects the level of liability the seller retains and protections the buyer receives.
Understanding What’s in a Property Deed
When you locate your property deed, make sure to review it carefully. Key information to look for includes:
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Property Description: Details like full address, lot number, acreage.
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Parties: Names of the grantor/seller and grantee/buyer.
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Sale Price: This confirms the sale amount.
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Deed Type: General, special warranty, quitclaim, etc. Shows protections.
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Signatures: Grantor and grantee signatures make it official.
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Notary: A notary public verifies and witnesses the signatures.
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Recording Date: When the deed was filed with the county.
Scrutinize everything to ensure it’s accurate and you understand the terms. Also confirm it’s filed with the county recorder – an unrecorded deed may not be valid.
Updating Your Estate Plan with the Deed
Once you have your deed in hand, it’s wise to update your estate plan if you plan to leave the property to heirs someday.
Add a copy of the deed to your other estate documents. Specify in your will who should inherit the property.
You can also establish a transfer-on-death deed to automatically pass the property to a beneficiary when you pass away. Recording this deed with the county simplifies inheritance.
Protecting Yourself from Deed Fraud
Unfortunately, deed fraud has been rising. This is when scammers forge or falsify deeds to illegally gain ownership of properties.
You can help guard against deed theft by:
- Recording your deed with the county ASAP
- Registering for property alerts with the county
- Periodically checking for any unauthorized changes
- Keeping records like your deed in secure locations
- Working only with reputable professionals
Being vigilant makes it much harder for deed fraud to occur undetected.
Locate Your Deed for Peace of Mind
Having the deed for your property protects you legally and provides important ownership records. Thankfully, you can take straightforward steps to find your deed if it’s been misplaced. Just contact your closing agent, check county records online, or use a title company.
Once you have your deed in hand, review it to understand the terms and confirm all the details are accurate. Also add a copy to your estate plan if you intend to leave the property to heirs someday. While deed fraud is a concern, being proactive makes you far less vulnerable.
With your deed securely stored, you can rest easy knowing you have irrefutable proof that you rightfully own your property. It provides legal protections and evidence in case any ownership disputes ever arise down the road.
What Is Real Property?
Real property refers to land and anything immovable that is attached to it. This can include things like buildings, creeks, or roads. Real property is essentially the same as real estate.
Types of Deeds
Most property transactions involve individuals and business entities using private deeds, not official ones from courts and the like. In addition, deeds are categorized based on the type of title warranties provided by the grantor:
Title vs. Deed: Don’t Get These Legal Concepts Confused!
FAQ
Who holds the deed to my house?
You, as the homeowner, typically hold the house deed to your property, even with a mortgage. The house deed and mortgage are separate legal documents with different purposes. A deed proves ownership and transfers title, while a mortgage is a loan agreement.
Which is more important, title or deed?
Where do most people keep their house deeds?
Option 1: Keeping Documents at Home
Many people keep their Will and property deeds at home. This is free and convenient, and it’s usually the first place someone checks.
Do I own half the house if my name is on the deeds?
While warranty deeds are more common elsewhere, California’s community property laws provide that any property acquired during marriage is owned equally by both spouses, regardless of whose name is on the deed.