just starting out

[tobee43]

how do I get a copy of the deed? I looked through my records and that is something I do not have.

maybe your family member has a copy? is your name on that deed...you need to know.

[annalynn]

I just called the title company that drew up the papers--they will give me a copy of the deed. Have an appointment to go in later this week.

If I owe more than the place is worth--will it make a difference if my name is on it? after all at the moment there is no equity to attach?

And even if there was a bit of equity, (if say the real estate market turns around and the place goes up in value by a few thousand before I file) my exemptions and Homestead declaration should more than cover the equity--right?

[ccsjoe]

Knowing the exemptions system you are under, I would guess yes, but before we speculate, allow me to caution you to look at all the information first and get real numbers in.

[annalynn]

Title company told me that I should get a title report--which will show both deeds of Trust ( Ist Deed of Trust, first position, second deed of trust, second position.)

Both liens would have to be paid off with a sale to clear the title and they both have to be shown prior to any sale, loan or refinance.

I agreed to buy this as insurance--kind of wondering if everyone I deal with in this process is going to make a few bucks off me though :-(

and I have so little to give :-(

anyway--the property is legally encumbered for more than its current value and I can prove it. My name is on the deed--as a mortgage holder it is supposed to be there. But my name is not in first position on the deed. The mortgage holder is in first position.

[ccsjoe]

I think title company is trying to sell you the service. I think it's cheaper to order the same records from the county clerk's office, but I may be wrong.

[annalynn]

I think you are right :-(

sometimes it seems like everyone is trying to get my last dollar!

[ccsjoe]

If you go to your assessor's website, find your APN by address, the go to county clerk's website and do an APN search, you'll find the same records. Then compare their fees to the title report's fees, and decide. There is a light at the end somewhere deep in there

[momofthree]

You may be able to get a "property profile" for free from the customer service center at the title company. It might show whether or not there are liens on the property. I was able to get these free all the time when I worked for a finance company, but that might have just been because we sent them business. And, I can't remember if they showed the liens on them or not (it was over 7 years ago....). You could call and ask. Ask for the customer service dept.