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Thomas Swartz
Thomas Swartz, Lawyer
Category: Real Estate Law
Satisfied Customers: 3121
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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My husband and I have paid of a home that was recorded with

Customer Question

My husband and I have paid of a home that was recorded with a Warranty Deed and a Deed of Trust. We have the Lean release it is recorded as release the Deed of Trust. What further actions do we need to take that will show us as the owner of the property
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Thomas Swartz replied 11 months ago.

Hello Lisa,

Your Warranty Deed will show you as owner of the property. Your Warranty Deed should have been recorded in your county clerk's office, and if so it will show you as owner of the property. Your Deed of Trust was a security interest or lien on in the property if you failed to pay off the underlying loan. You indicated that you have now paid off the underlying loan. And you were given a Deed of Release or Release of Deed of Trust. This also should be properly recorded. And once it is, this will indicate that that lien on the property is no longer on the property. So, as long as these two documents are properly recorded: the Warranty Deed, and the Deed of Release, you really do not have to do anything else to show that you are owners of the property free of the lien of the Deed of Trust. I am not sure if this is the case in Missouri, but it is usually the case that once the appropriate document is recorded in the county clerks office, they send you back the original document with a stamp from the recording official to show that the document has been properly recorded. You want to make sure that you receive back the original document with that stamp from the recording official. And you want to make sure that you keep your original documents (Warranty Deed and Deed of Release) in a safe and secure place.

Thomas

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