Selling a House Without a Deed or Title?

Imagine this situation.

You’re looking to move to a different property. OR, you’re trying to get some cash to deal with some financial problems by trying to sell your house. You’re already talking to an agent. You find out how much you’re going to get. You breathe a sigh of relief. But, you find a serious hiccup in the process. You don’t seem to have your deed around. The whole selling process comes to a screeching halt.

What do you do?

Don’t worry. We’re here to give you some insight into what you have to do. You’ve got to start somewhere, right?

Disclaimer: This is intended for educational purposes only. Each individual has their own unique circumstances, and it’s impossible to give a one-size-fits-all answer. Not to mention that each area has its own specific rules and regulations. Please do your own research or consult professionals before making any decision regarding your property. 

Before we dive deep into this, it’s critical to differentiate your “deed” from the “title” of your house. Just like how limes and lemons are similar (and come from the same family), they’re not exactly the same.

The Title

The title, essentially, is the legal term that establishes who owns the property. It gives you the right to own the property, to use it however you want (legally, of course), live in it, prevent other people from trespassing, and sell it!

If you haven’t figured it out yet, “title” is more of a concept and not a specific piece of paper in a folder. Don’t get us wrong, it IS comprised of a bunch of legal paperwork, but the paperwork, in total, establishes the essence of a title, just like how a bunch of screenshots proves that a hacked social media account is yours but isn’t necessarily a piece of legal document. The piece of paper is the “deed.”

The Deed

Now that you have an understanding of what “title” entails, you also have an idea of what “deeds” are – because we already said it. The deed is the document itself that says who bears the title of the home after a sale. It contains the descriptions of the property and who the buyers and sellers are. With their signature on it, it makes the document official. Obviously, the one who now has title to the property holds on to the deed, so they can prove that it is indeed theirs.

So, let’s answer the question. Do you need the deed to sell the house? Yes. As you might have seen, based on the explanation above, it’s essential to the selling process and the identification of who has the title to the property.

So what do you do if you don’t have the deed? The next part is trying to understand why you might not have your deed. There are a number of potential reasons, and we’ll tackle what needs to be done for each case.

Losing the Deed

It’s possible that you’ve just misplaced the deed to your home. It happens! The good news is, that it’s always required for the deed to be recorded. “Recording statutes” required any interest for the real property to be recorded in the corresponding county office. (For the record, it’s “interest” as in “your property is in the lender’s interest”.) Since the county office has a record of it, you can look it up online, ask for it in the county courthouse, request it by mail (or email), or have it done professionally (like title companies or attorneys). Try and see which options are available to you.

What if it’s Not Recorded?

If your deed isn’t recorded, you better prepare for the worst. This is a serious matter. Not having the deed to your home essentially invalidates you from proving that you own the property. This means that you don’t have the right to do whatever you want there. You also won’t be able to sell it as intended!

The (previous) seller could still sell the house to someone else since there’s still no record of the title being transferred to you. If someone else gets a record before you, you’re in deep trouble.

Start contacting your attorney for assistance. You may also consult your escrow agent to see where the slip-up may have occurred. They may have a copy that could save you from losing your property.

Though we’ve mentioned the bad things that could happen, they’re just possibilities and won’t necessarily happen. Once you get in touch with your attorney or title insurance company, ask for your deed to be recorded ASAP. This issue may have occurred without ill intent, so stay calm, but don’t forget to be quick.

If you’re looking to sell your house in the Florida area, try Shorefront Investments! We’re Florida-based real estate investors looking to buy and sell properties fast. You can give us a call at (850) 713-4866, send us an email, or fill a form on our front page! Want to buy properties instead? You could be one of our buyers by joining our buyers’ list!