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I got a new one; Divorce - investment home is titled in his full name (with middle initial) he is ordered to quit claim it to her. His attorney prepares the deed. The quit claim does not include the middle initial. She gets a loan on the house and has been paying the loan and the property taxes for 7 years.
I have been hired to sell the house. Title found the error.
She is talking to a re attorney on Monday. Do you think she has a case for adverse possession?
The divorce decree will prevail. If she received the house in the divorce, he doesn't have claim to it. Contracts aren't always about the exactness, but the intent. He signed the Quit Claim as the intent to give her the property. I'm no lawyer, but I don't see how he could go back and claim he was just kidding. Plus, that's what E&O insurance is for on the title company's part as well as the previous attorney who drew up the document.
I got a new one; Divorce - investment home is titled in his full name (with middle initial) he is ordered to quit claim it to her. His attorney prepares the deed. The quit claim does not include the middle initial. She gets a loan on the house and has been paying the loan and the property taxes for 7 years.
I have been hired to sell the house. Title found the error.
She is talking to a re attorney on Monday. Do you think she has a case for adverse possession?
I think she has a case for the attorney's E&O insurance as well as the title company that issued title insurance on the property when she got the loan. Is the ex not willing to sign a document for title to correct the error?
We have buyers and sellers sign a clerical mistake form at closing that allows for typos and such to be fixed with a limited power of attorney. You guys don't have that?
Hardly. It's a typo. They will just have to record a Correction Deed. Adverse possession includes actually occupying the property in an open and notorious fashion for a number of years, not a typing error on even a Deed.
There's no adverse possession, IMO. She has the court decree instructing him to qc the property to her. She has the QC. He undersigned. Simplest correction is to have ex sign a new deed. And the "old" court order should be sufficient to force that.
Barring that, (ex is dead/incapacitated/out of the country) if the title company won't accept a correction deed, there's the attorney's insurance as well as the former title company, assuming she got an owner's title policy.
The court has ordered her to sell the house to pay him $12,000. We are under contract due to close this Thursday. Now can't close due to the title error. She would rather stay in the house than pay him $12,000 + interest + commissions + attorneys fees + loan payoff ++++
The court has ordered her to sell the house to pay him $12,000. We are under contract due to close this Thursday. Now can't close due to the title error. She would rather stay in the house than pay him $12,000 + interest + commissions + attorneys fees + loan payoff ++++
Thank you for replying.
Did the court order her to sell the house...or simply to pay him $12,000? If she's under court order to sell, what she would rather do doesn't matter (and if she's under contract, that's another issue, too). If her ex is to receive $12,000, surely he can sign a correction deed. Besides, a typo or simple mistake on the original deed doesn't automatically void an otherwise legitimate transaction. It just needs to be cleared up.
At issue is that it was HIS responsibility to provide a correctly signed QC Deed to her in order for her to sell the house which would then enable her to abide by her court order. So, it might not hurt her to consider going back to the judge and asking for a revocation of the order to sell since he did not live up to his end by providing a correct QC Deed. That way, she gets her cake and to eat it also. However, she also has a situation with the current buyer. If she opts for the slow method of returning to court in order to supply buyer with a WD, the buyer may opt to let her out of the contract with a return of deposit.
The court has ordered her to sell the house to pay him $12,000. We are under contract due to close this Thursday. Now can't close due to the title error. She would rather stay in the house than pay him $12,000 + interest + commissions + attorneys fees + loan payoff ++++
Thank you for replying.
She can have the correction deed recorded immediately before the Warranty Deed transferring ownership to the buyer.
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