Home Selling in Albany>Question Details

Abigail.fox5, Home Buyer in Albany, NY

my father is selling his house but he does not have the title. He has a home equity loan on the house, would the bank have the title?

Asked by Abigail.fox5, Albany, NY Wed Feb 6, 2013

Help the community by answering this question:

Answers

9
Michael Richman’s answer
Hi Abigail,

If by title you mean the deed, you do not have to have it in your possession. It gets recorded in the public record, which in Albany County is located in the County Clerk's office, so that everybody can know who owns any given property. A buyer will have a title search done which will show who the owner is.

Michael Richman
Licensed Real Estate Associate Broker
KIAN Realty
450 7th Avenue Suite 1501
New York, NY 10123
212-757-8268 x220
917-991-2528
mrichman@kianrealtynyc.com
http://www.kianrealtynyc.com
0 votes Thank Flag Link Thu Feb 7, 2013
If you cannot locate the deed at the county recorder's office, consider consulting with an attorney who specializes in real estate...
0 votes Thank Flag Link Thu Feb 7, 2013
Abigail...
Are you referring to the deed; if so send me a email with your dad's name; I will attempt to send it to you.
Sincerely,
Jason Bustelos; LREB
NY Realtor Group, LLC
518-330-2230

jbustelos@nyrealtorgrp.com
http://www.nyhomes4sale.com
0 votes Thank Flag Link Wed Feb 6, 2013
The settlement agent should be able to take care of this issue for you. Is the house already under contract? Have you selected your escrow/settlement agent?
0 votes Thank Flag Link Wed Feb 6, 2013
You already got some good answers here. I would start with the county clerk's office, as others have mentioned.
0 votes Thank Flag Link Wed Feb 6, 2013
The title should be recorded at the county clerks office. He can get a copy there.
0 votes Thank Flag Link Wed Feb 6, 2013
The bank has a lien on the house most likely, and your father's name should be on the title. If you already have an agent, they should be able to look up the tax records and verify whether your dad's name is the only recorded owner, what other liens or mortgages are on the house, and whether it is in foreclosure or behind on payments. If you don't have a realtor, your county recorders office will have this information.
0 votes Thank Flag Link Wed Feb 6, 2013
Usually bank has the title when there is a mortgage, otherwise he should have it
0 votes Thank Flag Link Wed Feb 6, 2013
Hi Abigail,

Is the issue that your father lost his copy of the title? There should be a copy of the title recorded at the town clerk's office from when he purchased the house. Contact the town and they can provide you with a copy.

Best,
~Tori Romeo
0 votes Thank Flag Link Wed Feb 6, 2013
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer