Rochester Hills, MI asked in Estate Planning, Real Estate Law and Probate for Michigan

Q: How do I obtain a deed for my property?

New house owned 36 years. I do not recall any deed information.

2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: If your deed was recorded, you can buy a copy from the office of the Register of Deeds for the county where the property was located. If the deed was not recorded, then you may have a problem. You would need to contact the seller if they are alive to get a deed, or possibly the seller's estate would need to give you a deed if the seller is deceased. Alternatively you could file a suit to quiet title but that would be the last resort. For further information, get a consult with a probate attorney in your area.

Kenneth V Zichi and Nina Whitehurst agree with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: Your situation provides an opportunity to help others ... but this comment won't help you.

NEVER buy property without having an attorney look over the offer (yes, the OFFER!) and the entire closing package.

NOT just the 'closing statement' and NOT the day before the closing. START with the attorney review BEFORE submitting an offer. Not after -- before.

Then follow through with a review of the closing package at least 48-76 hours before the closing. I typically ask for four days and 'settle' for three when the title company invariably pushes back and says they can't. Actually they MUST, but that's sort of beside the point. They can at some point get the paperwork done, right? The closing is 4 days later. See how easy it is to make that happen?

The attorney review process will, among other things, insure you get your deed. The fact you don't have that implies you've not had an attorney review things. While it is too late to 'fix' that, an attorney review MAY still be helpful for you. Contact a local real estate attorney and see if you can't resolve some of those issues. It may not be 'too late' to insure you won't have future problems -- or that you can fix things now before it is too late!

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