Legal Question in Real Estate Law in Arizona

We are in the process of attempting to short sell our house in AZ. The lender, Wells Fargo, cannot produce the recorded deed and no one has found any records indicating that one was ever recorded. How should we proceed?


Asked on 11/23/09, 4:45 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Your question is confusing, do you mean that you are looking for the recorded deed conveying the house to you by your seller, or are you looking for the deed of trust, the agreement between you and the lender, which collateralizes the promissory note for your mortgage loan.

I would start by going to the company that issued your title insurance policy, which you should have received when you bought the house and get a title search done which will show ownership and all liens against the property.

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Answered on 11/28/09, 6:36 pm


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