Legal Question in Real Estate Law in California
My dads Grant Deed shows his name with Sr. as in "John Doe Sr." We cant make an update to the deed because his Drivers Licence reads "John Doe". They will not record the latest GD because my dads name doesnt match. The noterizer didn't catch that the first time. And now they will not notarize the latest GD at all for the same reason. How do I change his name TO "John Doe" FROM "John Doe Sr." on the deed?
2 Answers from Attorneys
I can think of two possibilities. One is to obtain identification that comports with the deed; perhaps the DMV would re-issue the license. After all, one does not become a "senior" at birth -- that must await the passage of time and the arrival of "junior." Another possibility might be to go to court to obtain an order instructing the recorder to accept and record the new deed. There is another attorney who posts here frequently with much more experience in this area than I have, and hopefully he'll provide a better answer.
This is actually a little bit of a dicey area. As you can imagine, there are plenty of cases of elder fraud and abuse in which a Jr. or III tries to forge a Sr.'s signature on a deed. So notaries are very cautious and strict about the formalities with such documents. There are various ways you can deal with it, but none of them are simple, since if it was simple, the type of fraud I just mentioned would be simple to pull off. If the deed currently on record was prepared as part of an escrow by the title and/or escrow company, I suggest you go back to them and demand they fix the situation, since that kind of mistake on a deed is probably a case of escrow negligence that they should put right. If your dad received title with this mistake in a transfer that was NOT handled by a title and escrow company, you should sit down with an experienced title attorney to go over how this happened and come up with a solution.