How do I get a Registered Mortgage and Deed for my bankruptcy case?

This post is meant to be a supplement to "What information do you need to prepare a bankruptcy case?"


If you own a house or land and want to file a bankruptcy case, you are required to provide three documents:

  • Registered Mortgage

  • Registered Deed

  • Declarations page of your house insurance

These can be frustrating to obtain. When you close on your property, you will likely be given a closing packet at the title company, HOWEVER, this packet will NOT have your registered documents in it. The documents are only registered if they have come from the local Register of Deeds office, which will have a bar code or a seal. Most people will have to obtain these copies directly from the Register of Deeds for their bankruptcy case.


When you purchase a house or property, the Deed is the document that gives you a title to the property and proves your ownership. When you purchase that property with a mortgage, a “registered mortgage” is filed against your property that secures the mortgage company’s interest in the property until that mortgage has been paid off. Sometimes, if you have a home equity line of credit (HELOC) or a second mortgage, there will be more than one mortgage filed. These documents are all filed with the Register of Deeds in the County in which the property is located. Even if you are keeping your property, both of these documents are still required for a bankruptcy filing to show your ownership of the property.


Below is a listing, by county, of Register of Deeds Office locations. Some counties allow you to get these documents online. You will need to obtain both the Registered Mortgage and Registered Deed for your property and provide it to your bankruptcy attorney. Some counties may be willing to take payment over the phone and fax this information to your attorney for you. Don't make more work for yourself! When you go to the Register of Deeds, make sure to get BOTH documents, the Deed and the Mortgage. You need ALL pages! Don't let the office tell you otherwise, you will have to go back and get the missing pages.


Below is some information on the local county Register of Deeds, if yours is not listed, it is easy to find with a google search:


KALAMAZOO COUNTY

201 W Kalamazoo Avenue

Kalamazoo, MI 49007

269-383-8970

https://clerkregister.kalcounty.com:8443/eaglerecorder/web/

CALHOUN COUNTY

315 W Green Street

Marshall, MI 49068

269-781-0730

https://www.calhouncountymi.gov/departments/clerk_and_register_of_deeds/index.php


VAN BUREN COUNTY

219 E Paw Paw Street

Paw Paw, MI 49079

269-657-8242

www.vbco.org/registerofdeeds.asp

ALLEGAN COUNTY

113 Chestnut Street

Allegan, MI 49010

269-673-0390

http://cms.allegancounty.org/sites/Office/SitePages/ROD.aspx


Attorney Allison Greenlee Korr handles bankruptcy cases in the Western District of Michigan, call today for a consultation. 269-381-4471