Understanding the Document That Transfers Ownership.
When you purchase a home, one of the most important documents involved is the property deed.
Most homeowners know they receive a deed, but many aren't sure what it actually does, how different deeds work, or where to find one years after purchasing.
Understanding a few basics can help when buying, selling, inheriting, or transferring real estate in Michigan.
1. What Is a Property Deed?
A deed is a legal document used to transfer ownership of real estate, or an interest in real estate, from one party to another.
The person transferring the interest is called the grantor.
The person receiving it is called the grantee.
A deed generally identifies the parties, describes the property, and contains the language necessary to make the transfer.
In a typical Michigan home sale, the seller signs the deed, and the deed is delivered as part of the closing process.
2. Common Types of Property Deeds
Not all deeds provide the same protections.
Warranty Deed
A warranty deed includes promises from the seller concerning ownership and title. Under Michigan law, the statutory form includes assurances that the grantor has the right to convey the property and will defend the title against lawful claims.
Warranty deeds are commonly encountered in residential sales.
Quitclaim Deed
A quitclaim deed transfers whatever ownership interest the grantor has, if any, without the same title warranties.
Quitclaim deeds may be used when transferring property between family members, changing ownership arrangements, or resolving certain title matters.
However, a quitclaim deed does not establish that the person signing actually owns the interest being transferred.
Other Deed Forms
Certain transactions may involve fiduciary deeds, trustee deeds, personal representative deeds, or other documents appropriate to the circumstances.
The correct document depends on who owns the property, who has authority to transfer it, and the nature of the transaction.
3. What's the Difference Between a Deed and a Title?
These terms are related, but they aren't interchangeable.
Deed: The document used to transfer a property interest.
Title: The legal ownership rights and interests associated with the property.
Think of the deed as the document used to convey ownership, while title refers to the ownership rights themselves.
A deed can be properly signed without guaranteeing that there are no liens, easements, ownership disputes, or other title concerns.
That's one reason title searches and title insurance are important parts of many real estate transactions.
4. Is a Deed the Same as a Mortgage?
No.
A deed transfers an ownership interest.
A mortgage is a separate document that creates a security interest in the property for a lender.
For example, when someone buys a $400,000 home with a mortgage, they generally receive ownership through the deed while also granting the lender a mortgage against the property.
Paying off the mortgage does not require a new deed simply because the loan balance reaches zero. The mortgage lien should instead be properly discharged.
Likewise, transferring an interest through a deed does not automatically release anyone from their existing mortgage obligations.
5. What Information Appears on a Deed?
A typical Michigan deed may include:
Names of the grantor and grantee.
Date of the document.
Type of deed and conveyance language.
Property's legal description.
Consideration or required transfer information.
Grantor's signature and notarized acknowledgment.
Recording information added by the county.
The legal description is especially important.
A street address helps people locate a property, but the legal description identifies the real estate interest being conveyed.
6. Where Are Property Deeds Recorded?
In Michigan, deeds are recorded with the County Register of Deeds where the property is located.
Recording places the document in the public land records and helps establish the public record of ownership transfers.
For example, properties in Plymouth, Canton, and Livonia are recorded in Wayne County, while properties in Novi and most of Northville Township are recorded in Oakland County.
A deed's recording does not mean the county has independently guaranteed clear title or resolved every possible ownership issue.
You can locate the appropriate office through the Michigan Register of Deeds directory.
7. How Can You Get a Copy of Your Deed?
If you purchased a home and cannot find your deed, start with the county Register of Deeds.
You can generally:
Search the county's recorded document index.
Look up the property using available owner or document information.
Request a copy of the recorded deed.
Ask about certified copies if one is required for a particular purpose.
Search methods, access, and fees vary by county.
Your title company or closing documents may also contain a copy.
8. Be Careful When Changing a Deed
Adding a spouse or family member, removing an owner, transferring property into a trust, or changing ownership after a death may have consequences beyond simply signing a document.
Depending on the situation, a transfer can affect:
Ownership rights and inheritance.
Mortgage obligations and lender requirements.
Property tax treatment.
Title insurance coverage.
Future sales and estate planning.
Before making ownership changes, consult a qualified Michigan real estate attorney and, when appropriate, a tax professional.
Learn More
Michigan law describes the statutory forms for warranty deeds and quitclaim deeds.
For help locating recorded property documents, visit the Michigan Register of Deeds directory.
If you're preparing to purchase or sell a property, explore my Home Buying Resources or Home Selling Resources.
A property deed may only be a few pages long, but understanding what it transfers, what it guarantees, and what it doesn't can prevent confusion long after closing.