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WHAT WOULD YOU SAY?

What Would You Say to this person who sent in a question to a newspaper about a deed? I think the answer, provided by an attorney, left out some information – and the question may be missing some information, too!

What Do You Think??

Q: Our title insurance company was closing agent on a bank-owned home we purchased. Several weeks after the closing, we received a Special Warranty Deed from the bank that listed the wrong house number.

The title company says it has contacted the appraiser’s office to correct the error, but it says it cannot provide us a corrected deed, also insisting a corrected deed is unnecessary. We believe otherwise. Are we legally entitled to a corrected deed?

A: You are entitled to a new deed with the correct house number. The error on your current deed will likely render
it ambiguous, which may cause you significant aggravation when you try to sell or otherwise transfer the property. Getting a mortgage or refinancing will also likely be problematic.

The bank that sold the property to you is required to provide you with a valid and correct deed. If you paid the title company for its services, it should prepare the document for the bank to execute. If the title company refuses to cooperate, you should contact the bank directly about correcting the error. If the bank does not voluntarily comply, you can file suit and ask the court to correct the error.