How do I get a property deed to a property that has been in the family for years? Several lawyers have searched and cannot find one?

Lucy
Other/Just Looking
16917

Answers (1)
Grace H. Morioka
Agent
Cupertino, CA
FIRST ANSWER

Hello Lucy and thanks for your question.

Depending on the resources of the attorneys with whom you've spoken, they may not have the same access to records afforded to those in the real estate industry. Speak with your local trusted Realtor to see if you can be referred to an escrow or title company that might be able to do a thorough records search of your home to see if a deed was recorded or can be found.

Seeing as you are located in Pennsylvania and if "by years" you mean 70-100 years or more, it may have been the custom of the time when the home was purchased that deeds were not recorded. Recording a deed at the local office of the recorder is the means to make the ownership "known" to the general public, and its a fairly new practice of the 20th century. However, there is no requirement whatsoever that a deed be recorded in order to be valid. In fact, in many states, deeds were simply pieces of paper upon which the property was described and was then handed from seller, with signature, to buyer. If this home was sold in the early 1900s or even at the turn of the century, finding the actual deed may be difficult.

Records offices in the city where you live may have recorded the transaction in their records. Check with the local government to see if the information exists. If not, you will need to talk with your attorney about how to reestablish ownership and have a new deed recorded. In California, we have something called a "Quiet Title Action" to resolve ownership issues, and that may be something your attorney suggests in Pennsylvania. However, at this time, you will need to resolve this with the help of a qualified real estate attorney.

Good luck!!

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty

Thu Sep 17 2009, 19:40

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