Who owns the deed to my house?
Asked by: Lavonne Hilpert PhD | Last update: January 16, 2026Score: 4.8/5 (66 votes)
When a home is owned free-and-clear, the homeowner is the rightful owner and thus holds the deed to the house. However, if the homeowner is still paying a mortgage, then they technically do not fully own the house yet. In this case, the deed may be held by the mortgage lender.
Who keeps the original deed to a house?
The seller's attorney will give the original deed to the buyer's attorney at closing. That original then gets recorded at the clerk's office of the local municipality. The clerk's office scans and records the document into the land records and then sends it to the buyer or their attorney.
Who holds the title to my house?
The short answer is: You, the homeowner, typically hold the deed to your house, even when you have a mortgage. Here's a more detailed explanation: Deed Ownership: When you purchase a home, the seller transfers the deed to you.
Who gets the deed after closing?
When closing on a home, you should receive a copy of your house deed when the title is transferred to you. You can also request an additional copy at any time through your County Recorder's office or Register of Deeds office (the official name may vary by location).
Does being on a deed mean you own the house?
– Grant Deed: Common in California, with this type of deed the grantor is declaring their ownership interest and granting their full ownership interest to the grantee (typically the buyer).
Title vs. Deed: Don't Get These Legal Concepts Confused!
Can I sell a house if my name is on the deed?
The person whose name is on the deed is the legal owner of the property. That means that they have the right to make decisions about the property – including selling it.
What are my rights if my name is not on the mortgage or deed?
If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die. However, if you default on mortgage payments, the mortgage lender has the power to foreclose on the home and evict you.
How do I get my deed to my house after I pay it off?
Once you pay off your mortgage, the mortgage lender — also referred to as the “trustee” — creates the deed of reconveyance. The lender then signs this document and has it notarized. Typically, the document must be provided to you within 30 to 60 days of your final payment, says Hernandez.
Does the bank keep the deed to your house?
The deed is recorded at the county records office, and they send a copy to the owner. When a mortgage is paid off, the bank will notify the county records office of a release of lien, which is also recorded. If you lost the copy you got originally or never got one, you can contact the county records office and get one.
Who owns the house after closing?
Closing day (sometimes called the “completion date”) is the date when the buyer pays the seller for the home and the title transfers from the seller to the buyer.
Can I be evicted if my name is on the deed?
You're free to accept or decline as you wish. The common law understanding of property ownership means that a person cannot be evicted from a home they own. The only exception is if the home is foreclosed upon and a NEW owner takes over.
Should I have a copy of the deed to my house?
Deeds are not like the certificate of title to a vehicle, which must be an original. While it is good practice to keep your original deed, it is not required to sell your property, as long as it has been properly recorded.
What's the difference between title and deed?
What's the Difference Between a Deed and a Title? A deed is a document that states you own a property, when a title is the concept of legal ownership that the deed grants. To own a home, you need both.
Who gives me the deed to my house?
If you weren't able to find your deed online, then your next step is to contact your County Recorder's Office. You can also pay them a visit in person. Here, you can speak with a customer service representative and request help locating and obtaining a copy of your deed.
Can someone take your deed to your house?
Also called “home title fraud,” deed fraud is house theft. It happens when someone lays claim to your home's real estate title and transfers it into their name without you knowing. It grants the criminal the rights to the home, the home's equity, or rental income from the home.
What happens if you lose the deed to your house?
The deed, when recorded, became a permanent part of the County property records. If you should lose your original deed, you may obtain a certified copy of your deed from the County Recorder in which the land is located. A county certified copy can be used in the place of the original.
Who keeps the deed?
When a home is owned free-and-clear, the homeowner is the rightful owner and thus holds the deed to the house. However, if the homeowner is still paying a mortgage, then they technically do not fully own the house yet. In this case, the deed may be held by the mortgage lender.
How long does it take to get the deed after closing?
A: Anywhere between 14 to 90 days after closing.
A properly recorded deed can take anywhere from 14 days to 90 days. That may seem like a long time, but your local government office goes over every little detail on the deed to make sure the property is correct and there are no errors.
Where do most people keep the deed to their house?
A safe you can bolt down or attach to a solid wall is a great place to keep house deeds. This way, the safe cannot leave your house in case of a burglary. Just make sure it is properly installed.
What documents do you get when you pay off your mortgage?
Property deed: This document proves that you are the sole property owner. A certificate of satisfaction: Your local recorder or county clerk issues this document showing that you've paid off the loan on your property.
When you pay cash for a house, do you get a deed?
A cash sale deed, often simply referred to as a sale deed or a property deed, is a legal document that transfers ownership of a property from the seller to the buyer for an agreed-upon sum of money.
What happens if husband dies and wife is not on the deed?
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
Is it more important to be on the deed or mortgage?
Out of these two, the deed is undoubtedly the most important one. It acts as concrete evidence of your rightful ownership of the property. However, that's not to say that the mortgage is less critical.
Can you sell a house with just a deed?
To sell your home, you'll need the original deed that was issued when you purchased it.
Can my ex sell the house if my name is on the deed?
However, in a community property state (like California) – and even some states without community property laws – a home purchased during the marriage is considered marital property, regardless of whose name appears on the deed.