17 Title and Deed Questions Every Homeowner Asks (Answered by a Lawyer)

Title and deed questions are consistently the most popular topic on our YouTube channel — and for good reason. Most homeowners don’t fully understand the difference between the two, and the information they find online is either too vague or too technical to be useful.

So Tiffany Webber compiled the 17 title and deed questions she hears most often and answered them all in one video. These are real questions from real homeowners, and the answers are in plain English.

Watch the Full Video

Below are all 17 questions with answers, or watch the full video for Tiffany’s rapid-fire breakdown.

1. What’s the difference between a title and a deed?

Title is the theory of ownership — it’s the concept that you own the property. A deed is the actual document that proves you have that ownership. Title is the idea. The deed is the piece of paper.

2. Who actually owns my home — me or the bank?

You do. North Carolina is a title theory state, which means your name is on the deed as the grantee and you are the legal owner. If you have a loan, the bank holds a security interest in the property through the deed of trust, which means you can’t sell the property without paying the bank back. But you are the owner on the deed.

3. How do I get a copy of my deed?

Your closing attorney typically sends the original back to you after it’s been recorded. But you don’t actually need the original — once it’s recorded with the county, it’s on file permanently. If you’ve lost your copy, go to your county’s register of deeds website. In North Carolina, you can pull copies online anytime.

4. Do I need to record my deed, or is it automatic?

A deed doesn’t technically have to be recorded to be effective, but that’s an extremely rare situation. For 98% of transactions, yes, the deed needs to be recorded — and your closing attorney handles that. If someone handed you a signed and notarized deed that hasn’t been recorded, you need to get it recorded.

5. What if my name is misspelled on the deed?

In some cases, you may not need to do anything until you sell. At that point, an “also known as” or “formerly known as” on the new deed can fix it. In other cases, a corrective deed may need to be prepared and recorded. It depends on the nature of the error.

6. How do I correct errors on my deed?

For minor clerical or typographical errors, a clerical affidavit can be recorded. For larger issues — like a wrong legal description or the wrong person named — a corrective deed is required.

7. Can I add or remove someone’s name from the deed?

You can add someone by recording a new deed. To remove someone, you need their permission — you can’t take a person off the deed without their consent. Either way, the change is made by recording a new deed with the register of deeds.

8. How do I check if there are liens on my property?

In North Carolina, you need to check multiple sources. The register of deeds is first, but you also need to look at the eCourts portal for judgments, the uniform lien site for builder liens, UCC filings with the Secretary of State, and PACER for bankruptcy issues. That’s at least five different places to check, and depending on your state, there could be more.

9. What happens if someone files a lien after I buy?

If the lien is for something you owe, the creditor could file suit to collect. If it’s related to a prior owner, title insurance and the seller’s affidavit (promising to defend you against claims from their ownership) should help protect you. Either way, the lien will need to be dealt with — the specifics depend on whether it’s your debt or a previous owner’s.

10. Can an old lien affect my ability to sell?

Yes. A properly perfected old lien can absolutely affect your ability to sell. It would need to be released or paid off before the sale can close.

11. What does title insurance cover?

It depends on the type of policy. A standard owner’s policy covers defects in the chain of title — things like a fraudulent deed in the past or an error that wasn’t caught. If you have an enhanced policy, there can be forward-looking coverage too, like protection against someone forging a deed in your name after you buy. The coverage depends entirely on which policy you have.

12. Do I need title insurance again if I refinance?

Maybe. Title insurance is for a stated amount, so if your property value has changed significantly — say you bought vacant land and then built on it — the original policy amount may not be sufficient. You may need an endorsement to the existing policy. Contact your title insurance company to find out what’s needed for your situation.

13. What is a cloud on title and how do I fix it?

A cloud on title is anything that keeps the title from being perfectly clean. That could be an error in the legal description, an undisclosed easement, a restriction that wasn’t agreed to by a buyer, an unreleased deed of trust, or a judgment. How you fix it depends entirely on what the cloud is — there’s no one-size-fits-all answer.

14. How do easements or restrictions show up on my deed?

They probably don’t. Most easements and restrictions are recorded as separate instruments in the public record. They can be referenced in your deed, and deed restrictions are sometimes spelled out within the deed itself, but they don’t have to appear on your deed to be binding. As long as they’re in the public record within the relevant time period and haven’t expired, they affect your property.

15. How do I transfer my property to a family member?

This one has layers. You can sell or gift the property during your lifetime by recording a deed, but there may be tax consequences. You can also transfer property through a trust or a will, which happens after you pass away and may give the family member a stepped-up tax basis. The structure matters, and Tiffany recommends talking to your CPA before making any moves to avoid unintended tax consequences.

16. What happens to the deed when I pass away?

Nothing. The deed itself doesn’t change. What changes is the title — ownership passes to your beneficiaries (if you have a will) or your heirs (if you don’t). As part of wrapping up the estate, a new deed can be recorded to update the ownership, but without action by whoever is administering the estate, the original deed stays exactly as it is.

17. Can someone else claim ownership of my home?

Anyone can claim anything — that doesn’t make it true. If you have a proper chain of title showing you own the property, it’s very difficult for someone to come out of nowhere and successfully claim your home. The rare exception would be an error during estate administration where an heir wasn’t properly notified or included. But in most cases, someone claiming your property is being opportunistic, and they’d have to prove they have superior ownership to you.

Watch the full video for Tiffany’s rapid-fire answers to all 17 questions — it’s a great one to bookmark and come back to.

Have Questions About Your Property’s Title or Deed?

At Thomas & Webber, we handle title searches, closings, and property transfers every day. Whether you need to correct a deed, clear up a lien, transfer property to a family member, or just want to understand what you’re looking at, we can help.

Our offices in Mooresville, Huntersville, and Denver serve homeowners throughout the Lake Norman area, including Davidson, Cornelius, Sherrills Ford, Troutman, and Statesville.

Email us at [email protected] or call us: (704) 663-1600