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Hello,
We closed on our home 2 days ago. Today we noticed that it was recorded on wake county real estate search.
However, when we look under the "Deeds" tab, the ownership type is listed as "T-Comm" which means tenancy in common? Used for unmarried people buying property. We are married and so I expected type to be listed as "ENTIRETY"
So either my closing attorney office or wake county make a mistake. Any thoughts on what should be done? I plan to call my closing attorney office.
Look at the language on the deed itself. That's all that matters. It sounds like the ROD may have just indexed it incorrectly and you can call the ROD and have them fix this.
The statute says that a conveyance to a husband and wife creates a tenancy by the entirety unless the deed says otherwise:
§ 39-13.6. Control of real property held in tenancy by the entirety.
(a) A husband and wife shall have an equal right to the control, use, possession, rents, income, and profits of real property held by them in tenancy by the entirety. Neither spouse may bargain, sell, lease, mortgage, transfer, convey or in any manner encumber any property so held without the written joinder of the other spouse. This section shall not be construed to require the spouse's joinder where a different provision is made under G.S. 39-13, G.S. 39-13.3, G.S. 39-13.4, or G.S. 52-10.
(b) A conveyance of real property, or any interest therein, to a husband and wife vests title in them as tenants by the entirety when the conveyance is to:
(1) A named man "and wife," or
(2) A named woman "and husband," or
(3) Two named persons, whether or not identified in the conveyance as husband and wife, if at the time of conveyance they are legallymarried;
unless a contrary intention is expressed in the conveyance.
(c) For income tax purposes, each spouse is considered to have received one-half (1/2) the income or loss from property owned by the couple as tenants by the entirety. (1981 (Reg. Sess., 1982), c. 1245, s. 1; 1983, c. 449, ss. 1, 2.)
That's as bad as Wells Fargo not properly canceling out our previous mortgage of record when we refinanced in 2012 - wrong book and wrong page number. We were showing as having 2 outstanding mortgages. My real estate attorney discovered this recently while I am in the process of an assumption. As far as Wells Fargo's assumption dept, nothing showed up on my credit report and this was not affecting my approval, which I was. I had to call their CS dept and speak to a supervisor who is making the correction in the Wake County records.
Wake County's website has loads of incorrect information.
I can never go by what they list as square footage! I know, for a fact, that my own square footage is incorrect. When I list a home for sale, I have it measured. I don't remember any time when the square footage that Wake County had was correct!!!
In my neighborhood, they have several instances where the exact same model is listed as different SF and/or as 1.5, 2 or 2.5 stories. (all the homes here are two story with an area in the attic that is about half the size of the regular floor size.)
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