Quick Answer
Whether a transaction can close with missing title documents depends entirely on what is missing and whether acceptable substitute evidence exists to satisfy the title insurer's requirements. Some documents have ready substitutes; others do not.
Missing Copy vs. Missing Legal Event
There is a major distinction between a missing copy of a document that was properly executed and recorded, and evidence that a required legal event (such as a mortgage release or probate) never happened. A missing copy of a recorded document can usually be obtained from the county recorder's office. But evidence that a legal event never occurred is a more serious problem. Learn about title requirements.
Examples
- Missing deed copy: A copy can typically be obtained from the county recorder.
- Missing mortgage release: The release may or may not exist. The title team investigates whether it was recorded. Learn why old mortgages still show on title.
- Missing death certificate: A new certified copy can be obtained from the vital records office.
- Missing trust document: The trust document may be available from the trustee or the trust's records.
- Missing payoff letter: The lender can typically provide a new payoff letter.
What Happens When Documents Are Missing?
- The title team determines exactly what document is missing and why it matters.
- They investigate whether the document can be obtained from an alternative source (county records, lender files, probate court, etc.).
- They evaluate whether substitute evidence (affidavits, alternative records) may be acceptable.
- They consult underwriting if the missing document raises insurability questions.
- If the document cannot be obtained and no substitute exists, alternative curative steps may be needed.
- The parties are informed of what is required and the timeline.
FAQs
Who is responsible for providing missing documents?
Responsibility depends on the document and the circumstances. The seller typically provides documents related to their ownership. The title company works to obtain documents from public records. Both parties may need to help gather information.
Can missing documents delay closing?
Yes. Missing documents are one of the most common causes of closing delays. The earlier missing documents are identified, the more time there is to locate them or find alternatives. Learn how long curing title issues takes.