Legal Question in Real Estate Law in California
I found a deed with 2 APNs on it, one at the top which is correct and one at the bottom which is not correct and a property description which is not correct. What needs to be recorded to correct this and what should it say?
2 Answers from Attorneys
It is impossible to answer your question without more information. You don't say whether this incorrect deed was recorded. You don't say who it was from or to and for what reason (gift, sale, etc.). You don't say what is wrong with the property description. Are you the grantor? Grantee? Other? Who prepared the deed? Under what circumstances?
I partly agree with Mr. McCormick. It makes quite a difference whether the deed with errors has been recorded or not. A recorded deed cannot be altered without a court order, and "correcting" a mistake would have to be done by the parties (in essence) reversing the erroneous transaction and then replacing it with a correct document. Obviously, this requires effort, cooperation, and some risk of unwanted tax consequences. The parties' attorneys should consult to determine whether the effect of the error warrants the effort to reverse and re-do. Not all errors are that serious. For example, is the erroneous APN the number of another existing parcel (serious) or merely a corruption of the correct number that is not in use, e.g., an extra zero inserted or hyphen misplaced (perhaps not serious)?
If the deed has not been recorded, hopefully the parties can agree to (quickly) execute a corrected deed and get it on record asap.
Otherwise, an attorney after examining the documents may recommend that the party harmed by the incorrect deed (probably the grantee or the grantee's lender) seek a court order correcting the erroneous deed and its recording.
Related Questions & Answers
-
Home owners rental and tenant legal responsibilites? Asked 6/26/11, 2:15 pm in United States California Real Estate and Real Property