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You need the deed to prove ownership of your house such as when taking out a second mortgage or selling the house. If you or your attorney doesn't have a copy, locate the deed at the county recorder of deeds office. Many deeds can be located by accessing your jurisdiction's online records.
For real estate purposes, title refers to ownership of the property, meaning that you have the rights to use that property. Deeds, on the other hand, are actually the legal documents that transfer title from one person to another. It must be a written document, according to the Statute of Frauds.
If the deeds went missing or were destroyed while in the custody of a law firm or financial institution then, if satisfied with the evidence, the Land Registry will register the property with an absolute title. If not, then it is usually the case that the property will be registered with a possessor title.
The deed to your house is the official document stating who has an ownership interest in the property. While new owners receive a copy of the deed at the time of transfer, additional copies are available as public records at the Office of Assessor-Recorder's office or County Recorders Office.
When you pay off your mortgage you might be required to pay the mortgagee (the lender) a final fee to cover administration and the return of your deeds). At this time your deeds will be sent to you for safekeeping. You can either keep them safe or ask your bank or solicitors to hold them for you.
When you buy a home, it is usually the job of your title or escrow agent to file your original deed the document showing that you legally own the property in the appropriate government office in your county. This is called recording your deed. Title agents commit errors, lose deeds, and even go out of business.
When you get the deed, you should record it with the county recorder in the county where the property is located. The purpose of recording the deed is to give “notice to the world” that you now have an ownership interest in that particular piece of real property. Recording also tracks the chronological chain of title.
Commonly, county clerk or recorders offer copies of recorded documents for purchase. However, each office has its own practices. Contact your recorder's office to see if it offers the service. Typically, the recorder is located in the county courthouse or other government building.
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