Some great answers here. Another possibility is that the deed was lost and the Sellers have disappeared. You will need to contact your closing attorney (escrow company) and check their files. If they still cannot produce a copy, then the title company will have to produce and record an affidavit to title stating that they have exhausted all possibilities and have concluded that you are the one true owner of the property. It may cause some trouble down the road so you will maintain a copy of that letter along with all the points of contact you collected along the way, right?
Best of luck
2007-06-07 01:16:37
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answer #1
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answered by Anonymous
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Are you asking about the Deed or are you asking about the Title to the property. In most states the title comes in 2 forms - an Abstract of Title which lists the entire history of the property and is a large, lengthy document. Or a Certificate of Title which only lists what has gone on with the property since the last transfer of ownership. If your property is Abstract, replacing the Abstract is a costly venture - it can cost in the $1000's. If your property is Torrens, then getting a new certificate of title is less costly and you can get one at the county recorders office. In either case call the County Recorder's office in the county the property is located in.
On another note, if your property is abstract and you need to sell it and you cannot locate your Abstract, you can always purchase an owners policy of title insurance for the new buyer which should cover any defects or problems with title should one arise. They in turn when they sell it can do the same and so on. This happens quite often when a bank gets a property back in foreclosure and they do not have a copy of the title to the property.
2007-06-07 01:21:16
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answer #2
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answered by mrsfoster 2
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Hi, I think some education for your wife might be in order, from someone other than you, no offense. A third party influence could be helpful, but my expertise is not in marital affairs, even after two of them, LOL. An attorney might be bucks well spent, it should not be hard to find one who invests in real estate. The answer to the question is yes! The rule is, it takes one to buy and two to sell! If you have access to funds to provide certified funds at a closing, you can buy anything you want to. You can put the property in your name only. You can later provide a half interest by quit claim to keep the peace. The only time you may have a problem is when you get a loan to purchase, the lender will require her to sign the note and deed of trust, always, unless you use a Trust or, say a Limited Liability Company (LLC). If you establish a Trust and fund the trust for the purchase, that will work but if you need a loan, the Trust will need to show the ability to pay then loan, and yes you can have a conventional home loan, in the name of the borrower's Trust, but an LLC would be a business loan. I suspect you are requiring a loan as you said escrow documents, I think you mean closing documents. Some states require transactions to be closed in escrow, but this simply is for a third party agent to transfer funds and good title. As is usually the case, if you got enough money you can do what ever you want to, but if there is a loan the lender will require her to sign. Reason is, even if she is not on the deed, she has a marital interest in the property and in the event of a foreclosure the lender will want to foreclose on her as well as you in the event of default. Another reason is for title insurance purposes, as her interest needs to insured over when you pass on the title, that's why it always takes two to sell. You might consider a straw man, a third party to buy it for you and then he quit claims the property to you. You must tell the bank what your arrangement is, otherwise, the lender can call the note due under the Due on Sale Clause. You can co-sign a note by yourself, but if you are a borrower, then she is back in the picture. You might check with other lenders. If you find a "private investor" known by Realtors and closing agents, they can buy the house and you can buy it from them on an installment contract without her signature, or better yet, put your name on the deed with the investor as a partnership after the investor acquires the property. If you know what a quit claim deed is and actually does, conveying only that interest that the grantor has in the property or to the extent of participation, like a half interest, then such a deed may be used, but understand you would not be insured under any title policy from the initial closing, unless you obtained a policy after you acquire it by quit claim. Have you ever considered making mortgages instead of owning the house? If you make a loan to someone who buys the house, you'll receive payments each month and if they don't pay, you can take a deed in lieu of foreclosure by accepting a quit claim deed. You can make someone a loan without your wife signing anything. If you take back a property, she never signs a thing. But even if you acquire a property by foreclosure or a deed in lieu of foreclosure, you will need her to sign when you sell the property. Now I'll talk like an old man, this is really something you and your wife need to get straight. There is some reason she doesn't want to buy a house and that's strange. You really need to find out what the reason is and overcome the problem with her, again, a third party might help. Maybe you're bitting off more than she thinks you can chew, it's a matter of trust and if you are new in a marriage, get some help, because this is something that can lead down the divorce alley, maybe you should talk about that too! Hope you work it out. Maybe my answer is not what you wanted to hear, but that's the way it is! Good Luck! B
2016-04-01 07:30:55
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answer #3
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answered by Brianna 4
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The deed is issued by the person who sells you the property. The deed is then recorded with the local registrar of deeds. If you lost your copy, the registrar of deeds can issue a legal copy. If you lost the deed before it was recorded, you would have to locate the seller and have them execute a new deed.
2007-06-06 22:42:02
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answer #4
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answered by Bostonian In MO 7
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Go to the records room at your county courthouse and they should be able to help you find your deed in a deed book and you can make a copy of it. You'll probably have to pay for the copy but it should only be a few dollars.
2007-06-07 02:29:41
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answer #5
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answered by angela 6
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The county in which the property is located. Contact the county records department in which your home is located and you can get a copy of your deed for a price.
2007-06-06 22:19:21
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answer #6
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answered by Anonymous
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Typically, if you have a loan on the property and you are paying it off via a mortgage, the bank that holds the mortgage will have the deed. You will not recieve the deed until you have paid off the debt.
If you don't have a debt or mortgage on the house, you can contact the county tax office. They can tell you how to get a replacement deed for the house. Of course, you are going to have to have proof that you are actually the property owner. Your reciept for paying off the house will probably suffice, or any papers that you have that indicate a transfer of ownership to you.
2007-06-06 22:26:18
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answer #7
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answered by Tunsa 6
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a recorded deed is already in the public record, contact the county and ask how to obtain a new deed
2007-06-06 22:23:31
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answer #8
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answered by Anonymous
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2017-02-17 14:37:24
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answer #9
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answered by ? 4
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