Nothing has come up to make me (their son, financial power of attorney, executor) worry about needing to manage their estate for them soon. But in a review/purge of their documents recently, I saw bank statements, bills, car title, etc. but nothing about their home. I'm pretty certain (via relatively-recent credit reports) that they have no mortgages out, and their house is paid off. But I see no "deed" or "title" in their documents to show the house is theirs free and clear. Is this needed (I think so)? If so, where do I locate such an item (I'm not certain I know who held their mortgage)?I didn't know about the record card (downloaded them last night). I should have known about the deed. But I wouldn't have thought about the release of mortgage. If the Recorder's Office doesn't have them filed, how hard should I push to get those on file? I think they've been free and clear over 10 years so I'm not even sure which bank(s) they used for the mortgage.
You can get a copy of the deed from the Recorder's office in the county where the house is located.
DISCLAIMER. Answers provided are general in nature and not intended to be a legal opinion because not all the facts are provided. Answers are based on Indiana law. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney-client relationship with the attorney or her firm. The person requesting information should retain an attorney who can examine the complete facts and provide a legal opinion based on his or her circumstances.
In addition to the recorder's office, you can sometimes find property tax information online. If you run into trouble, feel free to contact a probate or real estate attorney in your area.
This answer does not form an attorney-client relationship, and is not legal advice. Only an attorney that has agreed to represent you may give you advice specific to your situation.
You can get the property record card now on line if you type "marion county property record card" this will show you who owns the house and how it is titled.
If there was a mortgage, you would see yearly 1098s for the interest reporting with their tax information.
You can go to the recorder's office on the 7th floor at the City-County Building and they have computers you can search to see if there are any mortgages, judgments, etc. against the house.
You are looking for two documents- the deed and a release of mortgage. Both should have been recorded ( although sometimes the lenders fail to record the release). You should be able to obtain a copy of the
deed and the release (if recorded) at the recorders office. Hope this helps.
Mr. Padove is licensed to practice law in Illinois and Indiana and is located in Highland, Indiana serving the Chicagoland area to Indianapolis. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.
The county court records will give you your answer.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
The deed to the real property would be located at the recorder's office in the county where the real property is located.
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