When your real estate transaction documents cannot be found
Question: My husband and I purchased our home 12 years ago and we would like to sell our home and downsize. We cannot locate any of our documents from the closing, including the deed. How can we prove we own the property? Is there anything else we need to present to show ownership?
Answer: In a typical real estate transaction, the law firm closing the property will record the deed in the public records where the property sits, then will forward the recorded deed to you, along with the title insurance policy and copies of other documents. Since it is very likely the deed was appropriately recorded in the county records, this is sufficient to demonstrate your ownership of the property, even if you cannot produce the original deed. When the firm commences the title search after the contract is signed, one of the first documents produced will be your deed, along with any mortgages or other liens that have been placed on the property since your purchase.
If you had held the home for three years or less, the title insurance policy could also have provided benefit. A reissuance credit is available for properties that acquired title insurance within three years of a subsequent sale for improved property like your home. For vacant land, the reissuance credit is available beyond three years. I advise all of my clients to keep their deed, title insurance policy and other important documents in a safe place that can be easily accessed. Doing so can save you money and stress later on.
Eric P. Feichthaler has lived in Cape Coral for 27 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 13 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.