smb, Home Buyer in Cape Coral, FL

if someone does not have a original deed can he sell his property with a photocopy one ,can they forge the photocopy how do we check wether its orignl

Asked by smb, Cape Coral, FL Sun Apr 7, 2013

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Michael Cheng, Agent, San Jose, CA
Sun Apr 7, 2013
To protect yourself, you should use a title company to very ownership and to insure the deed transferred.
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3 votes
Terry McCarl…, Agent, Cape Coral, FL
Mon Apr 8, 2013
Is the home for sale by owner? Is the owner live here or in some other country? How did you find the home - thru a site like craigslist? These are a few of many questions I have that would raise red flags. As the others have told you need a title search and title insurance. If you aren't working with a real estate agent and would like to discuss this in more detail feel free to give me a call at 239-707-4575.
1 vote
Barbara Klare, Agent, Fort Myers, FL
Mon Apr 15, 2013
I’m sure there’s more to this story. It’s more important that there is a recorded deed with the seller’s name on it. All parties on the deed must grant you title to the property. If a seller has shown you a photocopied deed that differs from the recorded deed you better run.

Contact a title company and have a title search done.
0 votes
Blanca Contr…, Agent, Cape Coral, FL
Wed Apr 10, 2013
Best practice!!....Speak with an attorney and/or one of the many Title Companies that are in our area. They can certanly help you.

PS. Congrats on your sale and traveling mercies wherever the road takes you next!
0 votes
Deborah Orr, Agent, Rosemary Beach, FL
Mon Apr 8, 2013

The records at the county Clerk of Court have traditionally been relied upon as true and accurate if they were propertly recorded. However, an audit was done in Texas and the Williamson County Clerk of the Court's office. The results of this audit revealed that over 50% of the real estate records involved alleged robosigning, illegal notarizations, and illegal foreclosures. Each county clerk across the country maintains records of who owns land within that county. Most state laws require recording of documents regarding liens on property which includes the deeds and the assignments related to the transfer of those loans.

Lenders and mortgage servicers have violated state law and people's property rights which now clouds the titles of millions of unsuspecting property owners. This could affect the property owner's ability to refinance, to sell their property and to obtain title insurance. If the problem is not addressed, we may find that homebuyers who fail to obtain title insurance may find themselves a victim to claims by previous owners even after closing.

Florida legislators are well aware of this problem but keeping it on the down low. They have recently proposed allocating a portion of the robosigning settlement money to Clerks of the Court to deal with the problem but since records were shredded after MERS and the banks have been remiss in so many ways, I'm not sure that anyone has an answer of how we can restore the integrity of our real estate records. The advise below about getting Title Insurance while you still can is golden more so than ever.
0 votes
Ronald Wolch…, Agent, Fort Myers, FL
Mon Apr 8, 2013
If your deed for the property was properly recorded in the land records you don't need the original deed in order to sell the property. You can obtain a copy at the land records office. So you have the copy, how do you know if there are no liens on the property? All the utility bills been paid, and the house is structurally sound? And you are not dealing with a forge copy?

You have what I feel too many open unanswered questions.

Realtor RonW
0 votes
Joe Sansone, Agent, Cape Coral, FL
Mon Apr 8, 2013
It is illegal for a Realtor to give an opinion on title. That would be practicing law. Consult an attorney or title company.
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0 votes
Ann Ryan, Agent, Doral, FL
Mon Apr 8, 2013
SMB, I think you'd be well served in 1) hiring a title company and 2) buying title insurance. That's the concept behind title insurance - they check to make sure the owner has clear title, and then they assume the risk if there's a problem.
0 votes
Remy Saluz, Agent, Cape Coral, FL
Mon Apr 8, 2013
Forge? No matter what document it's involved, forging calls for troubles. So let's leave this alone.
Back to your question regarding the deed. In the State of Florida, the original deed is not required as long it was RECORDED in the Public Records. A Title Insurance Company or Closing Attorney will do the search needed to issue a Title and new Deed for the upcoming deal.
If somebody, however, holds a photocopy of a Deed that has never been recorded in the Public Records, that person may not even legally own the subject property.
0 votes
MarZia RiVera, Agent, Cape Coral, FL
Mon Apr 8, 2013
You don't need the "original" deed to sell a property, the court records will have a copy of the recorded deed. From there it is a simple transaction to transfer the deed recording the new deed with the courthouse. Until the new deed is notorized and recorded the sale is not complete. As previously mention you should always run a title search prior to purchasing real property, it will confirm the owner of record as well any liens, assessments or otherwise are attached to it.

Marzia Rivera, Broker
Southern World LLC
BULK RE Sales of REO and NPN
0 votes
yah this is i have sold a property sometime back but i got to knw that one of my relatives have a photocopy of the deed as they r my mums sis in law can they do anything with that or not cause i have already sold the property wich was in my name
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Debra B Albe…, Agent, Port St Lucie, FL
Mon Apr 8, 2013
Yes you can sell the property with a copy of a deed or if you do not have one available at all. In Florida we normally close with a Title company. It is the job of your title company or closing attorney to search the property for any liens and to make sure that the owner who is selling the property is actually the owner.

0 votes
Ronald Wolch…, Agent, Fort Myers, FL
Sun Apr 7, 2013
NO! If you been offer that, walk away now and do not look back, you can check with the county records if you still want to waste your time :
and you better be certain to have a title search as well a home inspection plus more.

Hope this helps. Good luck

Ronald (Realtor Ron W) wolchesky
"Success is when we work together to achieve your GOAL!"
License in Florida
Home: 239-349-4684
Cell: 239-209-1923
0 votes
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