Do You Know Where Your Deed Is? (Hint: You’ve Had It All Along)
Do You Know Where Your Deed Is? (Hint: You've Had It All Along)
A common conversation we have with clients goes something like this:
Us: "Can you bring a copy of your deed to our next meeting?"
Client: "Oh, I don't have that. The bank has it."
Us: "Actually, you should have received it shortly after closing. Let's help you find it."
If this sounds familiar, you're not alone. Many homeowners assume their property deed works like a car title, something the lender keeps until the loan is paid off. But here's the truth: you've had your deed since shortly after you bought your home.
Deed vs. Car Title: Why Your Property Deed Is Different
Here's where the confusion usually starts. Most people are familiar with car titles being held by the lender until the auto loan is paid off. They don't get the actual title in their hands until they make that final payment.
But property deeds don't work that way.
When you buy a home, the deed is recorded with the county and mailed directly to you, usually within a few weeks of closing. Even if you have a mortgage, the deed is yours. The bank's interest in your property is protected by the mortgage (or deed of trust), which is a separate document that's also recorded with the county.
So, unlike your car title, the deed has been sitting in your possession all along.
When Did You Get Your Deed?
In most cases, you received your deed within a few weeks to a couple of months after your home closing. It typically arrives by mail from either:
- Your title company
- Your attorney
- The Recorder of Deeds office
Many homeowners opened the envelope, thought "this looks important," and filed it away—often so safely that they forgot where they put it.
Where to Look
Before you panic, check these common spots:
- The folder or binder from your home closing
- A fireproof safe or safety deposit box
- A filing cabinet under "House" or "Important Documents"
- That drawer where all the "really important stuff" goes
What If You Can't Find It?
Don't worry, you can get a copy. Your deed is a public record, which means:
- Contact your Recorder of Deeds office. They can provide a certified copy for a small fee.
- Ask us for help. We obtain copies of deeds for clients regularly and can walk you through the process.
Why Your Deed Matters
Your deed isn't just a piece of paper. It's critical for:
- Estate planning – ensuring your property passes according to your wishes
- Medicaid planning – proper asset titling can be essential for eligibility
- Real estate transactions – refinancing, selling, or transferring property
- Probate administration – determining how property should be distributed
Knowing how your property is titled, whether it's in Trust, in your name alone, jointly with your spouse, or with specific survivorship rights, directly impacts your planning options.
The Bottom Line
Your deed has been yours all along. You're not waiting for the bank to send it when your mortgage is paid off. Take a few minutes today to locate your deed and put it somewhere you'll remember. If you can't find it, getting a replacement is straightforward.
And when we ask you to bring your deed to our next meeting? Now you'll know exactly where to look.
Procino-Wells & Woodland, LLC is Delaware's trusted resource for estate planning, elder law, and estate and trust administration. Serving all of Delaware from offices in Lewes and Seaford, our firm is dedicated exclusively to helping families create comprehensive estate plans, protect assets from long-term care costs, navigate Medicaid and Veterans Aid & Attendance benefits, establish supplemental needs trusts, and administer estates. Our team-based approach ensures every client receives consistent, exceptional service from our award winning attorneys and experienced staff, all women who are passionate about this area of law. Whether you're planning ahead or need immediate assistance with asset protection, our 46 years of combined experience serves Delaware families through in-person and virtual consultations. Learn more at www.pwwlaw.com.
