A Signed and Recorded Deed is Necessary to Prepare A Deed Funding Your Trust

One of the more common questions clients ask is why they must provide a recorded deed in order to prepare a new deed funding a trust?  The question often follows a client forwarding an unsigned deed that a title company provides the buyer of property in a closing package.  Unfortunately, these unsigned documents do not provide the information needed to prepare a new deed.

A previously recorded deed is needed for a variety of reasons.  The most important of these is that a new deed must include a reference to the prior recorded deed, which reference is an Instrument Number (Book and Page Number in older deeds) best obtained from the recorded instrument.  

There are other reasons:

1. The legal description may have been changed by interlineation at the time of recording;
2. Limitations or restrictions to further recordings may have been noted on the deed  by the Engineer's (Tax Map) office, e.g. "No Further Transfers Without A Survey");
3. The name or marital status of a party may have been altered or supplemented immediately prior to, or at the time of recording.

The bottom line is that the most recently recorded deed is necessary.  Sometimes an attorney can, and will if possible, obtain the deed electronically in those counties that make the records available online.  In a few cases, however, the deed is unavailable electronically, either because the county does not make recorded deeds available online, or the deed may have been recorded prior to the date on which the county began online electronic availability.  Older deeds may not be accessible in even the largest counties that first began online electronic availability.  

You can obtain your deed from either the county recorder or from the title company that closed your purchase or last re-finance transaction.    

If you need additional help, email Chris at chris@donohew.com.  She can offer additional assistance, including ordering a tax and legal report from an abstracting company if necessary.