FAQs • St. Croix County, WI • CivicEngage

If one trustee of a trust dies, is it necessary to take any immediate action?: According to a member of the Probate and Real Property Section of the Wisconsin State Bar Association that we conferred with, the answer is “No.” The trust remains in effect. However, it is prudent to review the trust with your attorney periodically to determine if modifications to the trust would be advisable.

▼
Register of Deeds

1. What help can the Register of Deeds office provide for drafting my own real estate documents?

The Register of Deeds office is charged with the duty of being an independent custodian of records relating to real estate. As such, the only area we can assist you in is general process questions. We cannot assist you in the actual drafting of documents. We highly recommend that you obtain legal counsel for these transactions.

Although several legal documents have been developed into “fill-in-the-blank” style forms and appear to be very easily completed, it is the answers to those fill-in-the-blank questions that are critically important. Those answers can vary widely from person to person. Determining the correct answer for your situation constitutes “legal advice” we are not licensed to practice real estate law. Even if we were, our role as custodian of the records would still prevent us from assisting in the creation of the records.

2. I am considering buying a parcel of real estate. How can I find out what liens, if any have been filed against it?: If you are borrowing money from a financial institution in order to make the purchase, a title search will be ordered by that financial institution well in advance of the closing. This search will reveal any outstanding liens.

3. Can I do my own title search?

Strictly speaking, the answer is “yes”. Practically speaking, however, the answer is probably “no”. The real estate records in the Register of Deeds office are open for public inspection. However, unless you are familiar with how real estate records are organized and how to perform a “Grantor/Grantee” and a “Tract Index” search, it will be difficult for you to find the information you want. Additionally, there may be documents on file with other county offices that may impact the property you are interested in.

It is our experience that the expertise a professional title searcher offers is well worth the money you will spend – especially when you compare it to the value of the transaction you are about to enter.

4. Can the Register of Deeds tell me if I have good and clear title?: No. The Register of Deeds office is not authorized to render opinions regarding the status of title. Professional title examiners or abstractors use the records in our office as well as searching records in other county offices to determine if the title is good and clear.

5. How do I change my deed so that it reflects my married name?: Visit our How to Change Your Deed to Reflect Your New Name page for more information about this.

6. If one trustee of a trust dies, is it necessary to take any immediate action?: According to a member of the Probate and Real Property Section of the Wisconsin State Bar Association that we conferred with, the answer is “No.” The trust remains in effect. However, it is prudent to review the trust with your attorney periodically to determine if modifications to the trust would be advisable.

7. We recently paid off our home mortgage. When will we get a new deed showing that we no longer owe the bank anything?

Under Wisconsin law, you only ever receive one deed to your property and you should have received it shortly after you closed on your property. If you take a look at your deed, you will notice that your name appears as a “grantee” but the bank is never mentioned. So, when you pay your mortgage in full, it is not necessary to update your deed.

What does need to be done is to have a “Satisfaction of Mortgage” document recorded with the Register of Deeds office. Financial institutions are required to record such a document within a specified timeframe. If you received a “Satisfaction of Mortgage” endorsed with a time, date and document number from a Register of Deeds office, nothing further needs to be done. If you have not received the endorsed satisfaction, you should check with your lender to be certain they processed the appropriate paperwork.