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Get help proving ownership of your home.
Whether you own your property or have partial rights to a property, it is important to understand what a clear title means, and the possible issues that may arise if your title is not clear.
With a clear title, homeowners can take advantage of the benefits of ownership, such as building generational wealth,mortgage assistance programs and the ability to apply for FEMA assistance in a disaster. Homeowners may encounter obstacles called clouds on title when proving ownership of their home.
Disaster Legal Assistance Collaborative (DLAC) provides free legal information and limited scope representation to assist Californian homeowners with title clearing. If you are interested in participating please complete the sign-up form below.
Homes that are inherited/passed down without a will or other legal document may result in clouded titles because there is no clear owner. Title clearing helps establish ownership.
To qualify for disaster aid, you must prove that you are the owner of the property. Having a clear title is essential for proving ownership.
Communities of color have higher foreclosure rates. Having a clear title helps keep your property in your hands by allowing one to apply and possibly receive mortgage relief.
Clear title is ownership of your property that is free of claims, doubts, or disputes about ownership. A clear title generally means that no one else has a financial interest in your property.
It also means there is no question of ownership, and that the ownership history of your property can be easily traced. Meaning, if you look at the public records for your property and see that one person sold it to another person, and they transferred to another person, who then sold it to another, and so on.
Title issues arise when property is not legally transferred or deeded over to another person. This is when the title or ownership of a property can become “cloudy”. This can happen when someone dies without a will or something similar, or when a family doesn’t administer a will.
Title issues can also arise when there are claims, doubts, or disputes about ownership of a property that can arise from liens or encumbrances. An example would be a mortgage or mechanics line recorded against the property.
Property owners must complete a title search in the County where the property is located. This title search is done through the public records with the County Clerk.
There are also private search companies that can search the public records and provide information regarding the owner of record and liens or encumbrances that have been filed against the property.
Clearing title can be as easy as recording a previously signed deed or drafting a new deed to be signed and filed.
However, clearing a title can be a long and complicated legal process. Some options for clearing a title will require that you file forms with your local probate court or civil court, go before a judge, or be represented by a lawyer.
In any event, it is recommended that that you seek the guidance of a lawyer to help you.
To prepare for a disaster, you should have copies and digital copies of all your important papers, such as deed, insurance, wills, motor vehicle registration, and court documents.
FEMA requires the following documentation to prove that you own your home:
If your home is considered off the grid you must provide as much documentation from the list above.
In rare cases, FEMA as a last resort may accept a self-declaration statement form the property heir or owner of property or mobile home.
Follow these steps:
FEMA is required by law to verify a survivor’s home occupancy or ownership before it provides certain types of assistance.
Additionally, other disaster relief agencies or organizations will likely need to verify a survivor’s home occupancy or ownership before it provides certain types of assistance.
Yes, DLAC is available to assist you clear title to your property. Please complete intake form to get help.
One page guides on common title clearing issues.
Copies of real estate documents recorded against your home will be sent to you by mail for review
Financial help for homeowners with missed mortgage or tax payments due to COVID-19 hardships
Help for paid off loans at a failed bank where the bank’s lien was not released
