What is a Wild Deed in Real Estate Property Records?
I've seen plenty of strange things in real estate, but wild deeds might take the cake. These pesky documents can throw a major wrench into property transactions and create headaches for everyone involved. Let me break down what they are and why you need to know about them.
Wild Deed: A wild deed is a recorded document that transfers property ownership but cannot be traced through normal title searches because it is not properly connected to previous property records. It creates a break in the chain of title, making it difficult to establish clear ownership history of the property.
Understanding the Chain of Title
Think of a property's chain of title like links in a chain - each one needs to connect perfectly to the next. A proper chain of title shows every single transfer of ownership from the original owner right up to the present day. Each transfer should be properly documented and recorded at the county recorder's office.
Wild deeds break this chain by creating gaps where ownership history becomes unclear. Maybe someone sold property they didn't legally own, or perhaps documents weren't filed correctly. Either way, these breaks make it impossible to follow the proper sequence of ownership.
Common Causes of Wild Deeds
Several situations can create wild deeds:
Property transfers that weren't properly recorded at the courthouse
Fake documents used in fraudulent sales
Mistakes made by county clerks when filing paperwork
Lost or destroyed documentation
Family members informally transferring property without legal documentation
Problems Created by Wild Deeds
Wild deeds can cause serious issues:
Title searches become complicated and time-consuming
Properties become difficult or impossible to sell
Multiple parties might claim ownership of the same property
Title insurance companies may refuse coverage
Banks won't approve loans on properties with title issues
Identifying Wild Deeds
Finding wild deeds requires careful research. Title professionals look for:
Gaps in ownership history
Deeds recorded out of sequence
Missing signatures or notarizations
Incorrect legal descriptions
Overlapping property claims
Resolving Wild Deed Issues
Fixing wild deed problems often requires legal action. Common solutions include:
Filing a quiet title lawsuit to establish clear ownership
Creating corrective deeds to fix documentation errors
Going through court proceedings to resolve ownership disputes
Preventing Wild Deeds
You can protect yourself from wild deed issues by:
Working with reputable title companies
Getting title insurance
Keeping careful records of all property transactions
Making sure all deeds are properly recorded
Impact on Real Estate Transactions
If you're buying property, always check for wild deeds before closing. Sellers must resolve any title issues before transferring ownership. Title insurance becomes extra important when there's any question about the chain of title.
Frequently Asked Questions
Q: Can I sell a property with a wild deed? A: You'll need to clear up the title issues first through legal channels.
Q: How much does it cost to fix a wild deed? A: Legal fees vary depending on complexity, from hundreds to thousands of dollars.
Q: Will title insurance cover wild deed issues? A: Some policies cover wild deed problems, but many won't insure properties with known title issues.
Q: How long does resolution typically take? A: The process can take anywhere from weeks to months depending on the situation.
Working with Professionals
Don't try to handle wild deed issues alone. You'll want:
A real estate attorney who knows property law
A title company with experience in complicated searches
A real estate agent who understands title issues
Protecting Your Property Rights
Clear title is the foundation of property ownership. Don't risk your investment by ignoring potential title problems. Bellhaven Real Estate has connections with experienced title professionals who can help identify and resolve wild deed issues. Contact us for a consultation about your property's title situation.