Posted by Larry/Ca on 10/14/06 4:10pm
Msg #152553

Deed recorded with wrong spelling.

Have had this happen a couple times. Last night the borrowers name (Jhony) was on the documents as (Jhonny). Called LO and they said that the deed was recorded as Jhonny and that the borrower needed to sign as that. Well in California I can't notarize Jhonny when his ID is Jhony, Jhony is his name. My question is, how does this ever get corrected since he cannot quitclaim it from Jhonny to Jhony.

another great fall day in Lake Tahoe, Larry

Reply by PAW on 10/14/06 4:15pm
Msg #152555

The following is a personal opinion and not to be construed as legal advice or legal opinion.

The QCD needs to be worded in such a way that the grantor can be positively identified. For example: ... by Jhony Homeowner who acquired title as Jhonny Homeowner, grantor ...

Of course, the correct approach, again in my opinion, would be to do a corrected deed to replace the original deed with the misspelling.

Reply by Jersey_Boy on 10/14/06 4:19pm
Msg #152556

I had something similar happen to me personally.

When I bought my house three years ago, they recorded the deed with my first and middle names reversed. Ticked me off. It became a family joke that my uncle owned the house.

My uncle and I have the same three names, just not in the same order.

Reply by Larry/Ca on 10/14/06 4:30pm
Msg #152558

Jersey Boy does the paper....

deed we notarize get filed when recording and was your name reversed on that? I have no clue what happens at the recorder's office. So when you sell how does this get corrected since your uncle owns the house?

thanks, Larry

Reply by Larry/Ca on 10/14/06 4:46pm
Msg #152560

Actually now that I think about it.....

Your situation is easy to correct since you and your uncle are actual people. you simply have to convince your uncle to deed his house to you. But when the deed is in the name of a person who doesn't exist I wonder how this is fixed. I pretty new at this, have signed something less than 200 loans and since this has happened to me a couple of times there must be thousands of California deeds recorded in names of people who don't exist.

Larry

Reply by BrendaTx on 10/14/06 4:58pm
Msg #152562

Re: Actually now that I think about it.....

If it were in Texas, my guess is that a Special Warranty Deed would be used and Jersey Boy Smith who took title as Boy Jersey Smith deeds the house over to New Buyer just like in a regular transaction. No big deal.

Reply by NCLisa on 10/14/06 8:41pm
Msg #152587

PAW is correct, a new deed from jhony who acquired title as jhonny to jhonny would need to be excuted.

In NC we could make the correction on the original deed, and have a blurb typed and signed by an attorney as to why the deed was being re-recorded. Or we'd do a correction deed or a non-warranty deed.

Reply by dickb/wi on 10/15/06 1:56pm
Msg #152656

in wi we would re-record the deed with the notation that "this deed is being re-recorded to correct the missspelled name of the grantee on the original recording"............

Reply by Larry/Ca on 10/15/06 4:39pm
Msg #152680

So then I should have been instructed to ....

correct the spelling on the deed and continue with the signing and the corrcection would have been made when recording a the recorders office. That seems sensible. I wonder if that's the way it's handled in California. Perhaps next time I'll ask for other options other than having the borrower sign a name that I couldn't notarize at the signings

Thanks, Lary

Reply by MelissaCT on 10/16/06 12:37pm
Msg #152796

Re: A correction deed

should work. I had 1 like that. Funny thing is that the bwr's sister was the atty that drafted the docs for her when she purchased originally. Well, sister put the wrong middle initial in the name. TC came up with a correction deed that took care of the issue. Simply stated that the name on the deed was incorrect and should have been X. Bwr signs as her name should be, ID matches & viola! Signing can continue & name gets corrected.