Deed vs Title: The Difference and How to Get Your Deed

A deed and a title are not the same thing. Title is the legal right of ownership of a property. A deed is the signed document that transfers title from one person to another. You can hold a deed in your hand. Title is a legal status, usually shown by the public land records and not by one certificate.

Pillar, a land research software company, wrote this guide. Deed and recording law is state law, so each statute, opinion and county page below is an example from the place named. We checked every source on November 14, 2026. This is general information, not legal advice. Confirm anything that matters with a title professional or real estate attorney licensed where the property is.

Deed vs title: what is the difference?

The Consumer Financial Protection Bureau (CFPB) puts both words in one sentence: a home buyer receives "a document usually called a deed," which shows that the seller transferred legal ownership, or title, to the buyer (CFPB).

California's Department of Real Estate defines both in its Reference Book glossary. Its entry for deed reads: "Written instrument which when properly executed and delivered conveys title to real property from one person (grantor) to another (grantee)." Its entry for title says the word indicates "lawful ownership and right to property."

• What it is. A deed is a document. Title is a right.
• What it does. A deed moves title from the grantor to the grantee. Title is what the owner holds afterward.
• Where you find it. A recorded deed sits in the county land records. Title is not filed anywhere as one paper. It is worked out from the recorded documents that affect the property.

Each deed is one link. Our chain of title guide shows how the links are traced.

What is a deed, and what makes one valid?

A deed has to be written, signed by the person giving up the property, and delivered. Each state sets the details.

Writing and signature. California allows an estate in real property, other than an estate at will or for a term of one year or less, to be transferred only by operation of law or by "an instrument in writing, subscribed by the party disposing of the same," or by that party's agent authorized in writing (Civil Code 1091). In Texas, a conveyance of an estate of inheritance, a freehold or an estate for more than one year "must be in writing and must be subscribed and delivered by the conveyor or by the conveyor's agent authorized in writing" (Property Code 5.021). As we read them, both ask for the signature of the person conveying, not the buyer.

Witnesses and notaries. Florida requires an instrument that transfers a freehold interest, or a term of more than one year, to be "signed in the presence of two subscribing witnesses," with an exception for leases (Fla. Stat. 689.01). Washington requires every deed to be "in writing, signed by the party bound thereby, and acknowledged" before a person authorized to take acknowledgments (RCW 64.04.020). California's Reference Book says of a California deed, "nor are witnesses or seal required."

Delivery. In California a grant takes effect "only upon its delivery by the grantor" (Civil Code 1054). The Reference Book adds that delivery is more than handing over the paper: "The grantor must have the intention to pass title immediately." The Texas Supreme Court wrote in 1974 that "title to transferred property will vest upon execution and delivery of the deed," and that filing a deed for record establishes a prima facie case of delivery, which can be overcome (Stephens County Museum, Inc. v. Swenson).

Acceptance. The California Reference Book says, "Ordinarily, a deed cannot be given effect unless it is accepted by the grantee." It makes an exception when the grantee is a minor or mentally incompetent, and says acceptance may be shown by the grantee's acts, words or conduct.

Does a deed have to be recorded to be valid?

California and Texas say an unrecorded deed still binds the parties to it. All three statutes below take away its protection against a later buyer who qualifies.

• California. The Reference Book says, "While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee." An unrecorded instrument is "valid as between the parties thereto and those who have notice thereof" (Civil Code 1217). But an unrecorded deed is void against a later purchaser or mortgagee of the same property "in good faith and for a valuable consideration, whose conveyance is first duly recorded," and against certain judgments affecting the title (Civil Code 1214).
• Texas. A conveyance that has not been acknowledged, sworn to or proved and filed for record is "void as to a creditor or to a subsequent purchaser for a valuable consideration without notice." It is still "binding on a party to the instrument," on the party's heirs, and on a later purchaser who does not pay valuable consideration or who has notice of it (Property Code 13.001).
• Washington. An unrecorded conveyance is void against a later purchaser or mortgagee in good faith and for value from the same seller, or the seller's heirs or devisees, "whose conveyance is first duly recorded." The statute adds: "An instrument is deemed recorded the minute it is filed for record" (RCW 65.08.070).

Registered land, covered below, works differently. There the registration is the transfer.

What is a title to a house, and why is there no title certificate?

A car has a certificate of title. Under the recording systems above, a house does not. Thurston County, Washington tells owners who have paid off a loan: "you don't get the title for it like you do with a car." The bank records a reconveyance, which shows the loan was satisfied (Thurston County Auditor).

Instead, the recorded documents trace ownership, a title search examines them, and title insurance can protect against certain claims:

1. The recorded chain of deeds. Each owner's deed, or a court record, is one link.
2. A title search. Someone reads the chain and what is recorded against each owner, such as mortgages and liens. In some states the written result is an abstract; see our abstract of title guide.
3. Title insurance. The CFPB says an owner's policy can protect a buyer "if someone later sues and says they have a claim against the home from before you purchased it" (CFPB). A lender's policy "only protects the lender" (CFPB).

Does a deed prove ownership?

A deed is evidence that a transfer was made. It does not prove that you own the property today, or that the title is clean.

• The seller may have had less than the deed says. A Washington quitclaim deed conveys "all the then existing legal and equitable rights of the grantor" (RCW 64.04.050). If the grantor had none, as we read it, the deed passes none.
• The deed may be void. California's Reference Book lists deeds that are void and "pass no title even in favor of a bona fide purchaser for value." Forged deeds are on the list.
• Something may have happened since. The owner may have deeded the property away, or title may have moved by act of law. The Reference Book gives a foreclosure sale as an example.

The exception: registered (Torrens) land

Minnesota, Massachusetts and Hawaii each keep a second system in which a registered parcel has a certificate of title. Hennepin County, Minnesota and Hawaii's recording office call it Torrens.

• Minnesota. Apart from a will and a lease of three years or less, a deed to registered land operates "only as a contract between the parties" and as authority to the registrar: "The act of registration shall be the operative act to convey or affect the land" (Minn. Stat. 508.47). The certificate of title names the owner, describes the land and lists encumbrances by memorial (Minn. Stat. 508.35). Hennepin County tells owners to use its property information search to find out whether a property is Torrens or abstract (Hennepin County).
• Massachusetts. For registered land, apart from a will and a lease of seven years or less, "The act of registration only shall be the operative act to convey or affect the land" (M.G.L. c. 185, § 57). A purchaser for value and in good faith who takes a certificate of title holds it free from encumbrances except those noted on the certificate and those the statute lists (§ 46).
• Hawaii. The Bureau of Conveyances handles two systems, "Land Court (Torrens) or Regular System (Abstract)," and "issues Land Court Certificates of Title" (Hawaii Bureau of Conveyances).

For a registered parcel, look to the certificate of title, not the deed alone.

What are the main types of deeds?

Deed types differ in the promises, called covenants, that the seller makes about the title. The names and the promises come from state law, so each example below is tied to its state.

• General warranty deed. Ohio's "general warranty covenants" promise that the grantor is lawfully seized in fee simple, that the premises are free from all encumbrances, that the grantor has good right to sell, and that the grantor will defend the title "against the lawful claims and demands of all persons" (ORC 5302.06).
• Special warranty deed. California's glossary defines it as a deed in which the grantor warrants the title only against defects arising during the grantor's ownership. As we read it, Ohio's limited warranty deed is the same idea: the grantor covenants that the premises are free from encumbrances made by the grantor and will defend against the claims of all persons "claiming by, through, or under the grantor, but against none other" (ORC 5302.08).
• Bargain and sale deed. Washington's statutory form carries a covenant that the grantor was seized of an indefeasible estate in fee simple "free from encumbrances, done or suffered from the grantor," except rents and services that may be reserved, and a covenant of quiet enjoyment against the grantor and the grantor's heirs and assigns, unless the deed's express words limit them (RCW 64.04.040). Check your own state's statute before you assume what a bargain and sale deed promises.
• Quitclaim deed. An Ohio quitclaim deed conveys "without covenants of any kind on the part of the grantor" (ORC 5302.11).

A deed of trust is not the deed that makes a buyer the owner. It secures a loan. California's Reference Book calls a trust deed "a 3-party security instrument conveying title to land as security for the performance of an obligation." The CFPB lists the mortgage as "also known as the security instrument or deed of trust" (CFPB).

Deed vs mortgage: whose name goes on each?

The CFPB's list of closing documents separates three papers:

• The promissory note is "your promise to repay the mortgage loan to your lender."
• The mortgage, security instrument or deed of trust makes the property collateral. By signing it, you agree that the lender may foreclose if you fail to repay.
• The deed "transfers legal ownership of the property to you."

As we read those definitions, the deed names the owners and the note names the people who owe the debt. Those two lists do not have to match. The mortgage or deed of trust is a third paper, covered next.

Can your name be on the deed and not the mortgage?

It depends on which paper you mean.

The note. Fannie Mae's Selling Guide describes an owner who does not have to sign the note: an individual whose credit was not used in qualifying for the loan, but who has an ownership interest in the property, "must be named in and sign the security instrument, but is not required to sign the note" (B8-3-03).

The mortgage or deed of trust. In that example the owner still signs the security instrument. Fannie Mae's list of people who must sign it starts with "Each person who has an ownership interest in the security property, even if the person's income is not used in qualifying for the loan" (B8-2-03). Those are Fannie Mae's requirements, not a rule for every loan. Ask your lender which papers each owner must sign.

Owners who receive their interest from a borrower. Regulation X defines a "successor in interest" as a person who receives an ownership interest in a property securing "a mortgage loan subject to this subpart" from a borrower through one of five listed transfers. They include a transfer to a relative resulting from the borrower's death and a transfer where the borrower's spouse or children become an owner (12 CFR 1024.31). Once the servicer has confirmed that person's identity and ownership interest, the person "shall be considered a borrower for purposes of § 1024.17 and this subpart," meaning the escrow account section and the mortgage servicing subpart (12 CFR 1024.30(d)). The official interpretation says that applies "regardless of whether the successor in interest assumes the mortgage loan obligation under State law." It also says this treatment "does not affect whether the confirmed successor in interest is subject to the contractual obligations of the mortgage loan agreement, which is determined by applicable State law." The subpart has limits of its own: § 1024.30(b) lists exemptions from §§ 1024.38 through 1024.41, and the procedures in §§ 1024.39 through 1024.41 "only apply to a mortgage loan that is secured by a property that is a borrower's principal residence."

Adding a name to a deed while a loan is outstanding needs more care. Federal law defines a due-on-sale clause as one that lets the lender call the loan due if the property or an interest in it is sold or transferred without the lender's prior written consent. For a loan secured by a lien on "residential real property containing less than five dwelling units," among other residential collateral, the lender may not use that clause for a listed set of transfers, including "a transfer where the spouse or children of the borrower become an owner of the property" (12 U.S.C. 1701j-3). The last item on that list is "any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board," so the regulations count too. Read the loan documents or ask the lender before you record a new deed.

How to get a copy of your deed

You do not need the original to get a copy. The office that recorded the deed keeps the record and sells copies.

1. Find the right office. In Washington, for example, a deed is recorded with the recording officer "of the county where the property is situated" (RCW 65.08.070). The office has different names: the three below are a County Auditor, a Clerk of the Court and a Registrar-Recorder/County Clerk.
2. Collect what you know. Miami-Dade County asks mail requesters for the book and page if available, the year the document was recorded, the names of the parties and the type of document. If you kept your closing papers, look there for a recording number.
3. Search the index if the county has one online. Search your name around the date you bought. Note the document number and the page count.
4. Decide between a plain and a certified copy. A certified copy costs more in all three counties below. Ask whoever wants the copy which one they need.
5. Order and pay. Online, by mail or in person, depending on the county.
6. If you cannot find it, check the spelling and any earlier name, widen the dates, and ask the office whether the land is in a registered system.

Three offices, with the fees each published when we checked on November 14, 2026:

• Miami-Dade County, Florida. The Clerk's records library page says most recorded documents from 1974 to present can be searched online through its official records search, and that "Documents prior to 1974 are in the process of being made available on the web." "The cost for obtaining a copy of a document is $1 per page and $2 to certify." If staff run the search, the fee is $2 per name per year. Under "Request Online," the Clerk's certified copies page says, "Recorded documents older than 1974 are only available in person or by mail."
• Thurston County, Washington. The Auditor's recording FAQ links to an online record index. Copies can be ordered by phone, in person or by written request with the document's Auditor File Number. "Photo copies cost $1.00 per page." Certified copies cost "$3.00 for the first page and $1.00 for each additional page." Card payments carry a service fee.
• Los Angeles County, California. The Registrar-Recorder/County Clerk says, "This office does not provide online access to our real estate records or indexes via the internet." You search the indexes in person at its Norwalk office, or request a copy in person, by mail, by fax or online through LexisNexis. Its fee table for requests by mail lists a certified copy at $6 for the first page and $3 for each additional page, a plain copy at $5 and $3, and a non-refundable search fee of $0.50 per name per year with a $1 minimum. Online requests are charged the certified copy fee.

A worked example. Take a three-page deed where you already have the document number. By our arithmetic from the fees above, a plain copy costs $3 in Miami-Dade, $3 in Thurston County and $11 by mail in Los Angeles County. A certified copy costs $5, $5 and $12. Any search, card, handling or delivery fees are extra.

Buying land: legal title, equitable title and the deed

After the contract is signed. The Illinois Supreme Court described the rule this way: when an owner enters a valid and enforceable contract to sell land, "he continues to hold the legal title, but in trust for the buyer," and "the buyer becomes the equitable owner" (Shay v. Penrose, 1962). The court stated that rule as between the parties and those claiming through them, and the only issue it decided was who took a seller's interest at her death. That is one state's law on one issue. Ask a local attorney what a signed contract gives you in your state.

Under a land contract. The split lasts as long as the contract does. Ohio's statute on land installment contracts for property improved by a dwelling describes a seller who "retains title to the property as security for the vendee's obligation" (ORC 5313.01). Our land contract guide covers when the buyer gets the deed and what happens on default.

In the title commitment. Schedule A of the ALTA Commitment for Title Insurance (2021 v. 01.00) has an item that begins, "The Title is, at the Commitment Date, vested in." That name should be your seller. A printed requirement in Schedule B says the documents that convey the title must be "properly authorized, executed, delivered, and recorded in the Public Records." Our title commitment guide explains the rest of the form.

At and after closing. The seller signs and delivers the deed, and it is recorded. Record it promptly. Under the California, Texas and Washington statutes above, an unrecorded deed can lose to a later buyer who qualifies under that state's rule.

What to check before an offer

1. Who holds title now, and does that name match the seller in your contract? Who answers: the last recorded deed, then Schedule A of the commitment.
2. Which type of deed does the contract promise? Who answers: the contract. In the Ohio example above, a quitclaim deed carries no covenants from the seller.
3. Does the legal description in the seller's deed match the land you walked? Who answers: the deed and a surveyor. Our metes and bounds guide shows how to read one.
4. Does the seller's deed, or an earlier one, reserve rights or restrict use? Who answers: the deeds in the chain and the commitment's exceptions. See our deed restrictions guide.
5. Who will record your deed, and when? Who answers: the title company or closing attorney. Ask for the recording number afterward.

Where Pillar fits

Pillar's property search finds a parcel by address, APN or owner name and shows the ownership, mailing address and last sale on its record. That tells you whose name to look for in the county index. It is not the deed and it does not establish title.

Quick answers

Is a deed the same as a title? No. Title is the right of ownership. A deed is the document that transfers it.

Does a deed prove ownership? It is evidence of a transfer. Whether you own the property now, free of other claims, takes a search of the public records.

How do I get a copy of the deed to my house? Ask the county office that records deeds where the property is. Search its index by your name, then order a plain or certified copy. In the three counties above, published fees run from $1 a page to $6 for the first page of a certified copy.

Can your name be on the deed and not the mortgage? It depends on which paper you mean. The deed transfers ownership and the note is the promise to repay, and those two lists of names do not have to match. The mortgage or deed of trust is a separate security instrument, and Fannie Mae requires each person with an ownership interest in the property to sign it. For mortgage loans covered by Regulation X's servicing subpart, a confirmed successor in interest is considered a borrower under that subpart whether or not that person assumed the loan.

Do I get a new deed when I pay off my mortgage? Thurston County, Washington says "you don't get the title for it like you do with a car." Your bank records a reconveyance, which shows that loan was satisfied. California's Reference Book describes a reconveyance deed as "an instrument conveying title to property from a trustee back to the trustor on termination of the trust." In both sources the payoff document comes from the bank or the trustee.

Does a deed have to be recorded? In California and Texas an unrecorded deed still binds the parties, but it can lose to a later buyer who qualifies under the recording statute. For registered land in Minnesota and Massachusetts, registration is what transfers the land.