Legal Question in Criminal Law in Wisconsin

How do I get back the old abstract for my property? The banker took it. I expected it to be in their vault. It was not. The banker was no longer at the bank. The bank had changed ownership. And this banker was let go. Who is responsible to get this back to me? Their was another abstract that began in the late eighties. I didn't know that I didn't have to give it to him as he lied and stated I had to. What are my chances of getting it back. The past owners gave it to me before they moved. Would it be wise for me to get a lawyer and discuss the matter of fraud? Thank you for your imput.


Asked on 3/01/13, 1:49 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Your old abstract (these days known as "original title evidence") is probably in the possession of whoever did the title work on your mortgage loan with the bank in question. Banks are not in the habit of retaining these and have no reason to do so, but rather would have passed them on to whoever issued the lender's title insurance policy. These days, paper documents are more or less irrelevant to real estate titles, unless it is an original deed or other conveyance which has not yet been recorded. Although real estate conveyances have little effect in WI until they are so recorded, once they are properly recorded, the original is replaced for most legal purposes by a scan, together with an electronic record of the recording. These days, the electronic record is more or less the only thing that matters for determining the state of title ownership. That ownership usually is backed by a title insurance policy which will note relevant exceptions to clear title such as mortgages, deed restrictions, etc. My answer here does not make me your lawyer, so you need to consult one of your own before acting upon this. For further discussions, you may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. See over 15 years of my previous answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. Attorney answers may contain advertising materials.

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Answered on 3/08/13, 1:06 pm


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