I am attempting to sell a residential property that I have owned for over 40 years. After a thorough search, online and books, I am unable to find the original deed in the county's property records -- it was recorded in the mid-to-late 1960's (I cannot remember the exact year... getting old). I went to the title company for a copy of the deed, but they could not locate it and stated that many deeds from that time period were damaged or destroyed during hurricane Ike. How do I get a "new" deed recorded? Is my only option now a quiet title action? Should I just provide buyer with a special warranty deed if he is willing to accept -- buyer is paying cash for property? Thank you.
I have been a real estate attorney for almost that long, and I can assure you that we used title companies then. Even if the Deed is missing from both your records and the Official Public Records of Galveston County (or whatever county), presumably there should have been an owner policy of title insurance issued at that time. That document can be used as evidence that you own[ed] the property, and that title insurer, having insured the risk once, should be willing to insure the risk twice.
Let's say that you don't have an owner policy. If there was a lender then there was a lender policy of title insurance -- called a mortgagee policy in those years. Again, that is also evidence of ownership, although not insurance of ownership. But still.
County tax records provide further evidence. Galveston Central Appraisal District provides yet more evidence: http://www.galvestoncad.org/Appraisal/PublicAccess/.
All in, I think you should be able to induce a title agency to insure this transaction so that the Buyer has the benefit of a title policy. Now if the Buyer pays all cash and doesn't care about title insurance, then life is good. Sign the Special Warranty Deed, receive your check and close the chapter.
An original recorded deed is almost always not needed. What is more important are the County Recorder's records and the ability to obtain title insurance. Hire a real estate lawyer to assist you.
Mr. Lautin provided a great answer. Just to follow up on the central appraisal district note, many CAD's will have a deed history section. They do not all go back too many years, but they usually show how the current owner received the property. In that description is often the volume and book in which the deed was recorded. You can look that up yourself. Just plug in your name or address into the CAD website.
