Legal Question in Real Estate Law in California

Re: Grant Deed error

If you cannot resolve this by letters to the seller, the brokers in the transaction and title company, a lawsuit should be filed for reformation of the grant deed and reinbursement of costs of suit and attorneys fees against the parties which caused this problem. Our firm handles cases throughout California. Please contact us if you have any other questions.

Re: Grant Deed error

You had better do SOMETHING to insure that you obtained title to the correct proeprty! If, for instance, there is a lot 86 that belongs to someone else, you can be held to be slandering their title. If you had an escrow, call them immediately; likewise, if there was a real estate agent involved! With respect to the seller, he should be able to confirm what lot number corresponds to the street address; where did you get the parcel map that says it should be lot "68"? Usually, your title policy will have a copy of the parcel map which includes the property in issue attached to it; does this say "68" or "86"? It will only complicate matters to do nothing, as the problem will not go away and will resurface if you ever want to sell the property, or get a loan on it.

Re: Grant Deed error

Why won't the grantor agree that he is the grantor? You may contact me. You may have a big problem. I would need to see the documents. I do real estate law.

Re: Grant Deed error

I think this is a medium-serious error, one that is not necessarily fatal to your ownership of the correct parcel, but certainly an error that is easier to rectify now than, say, a decade later.

I think the attitude taken by the title company is callous and indefensible. More likely than not they caused the mistake, and if they didn't they were at least responsible for catching it. Did you get a preliminary title report from them? How is the property described there?

Beofre hiring a lawyer, I would go up the chain of command at the title company, demanding some effort on my behalf.

Is there a lot 86? The mistake could cause some confusion for its owner as well.

I see no reason at all why the seller should be unwilling to give you a correct deed, especially if it is a quitclaim. You, the seller, the title company and the real-estate brokers involved on both sides should all get together and figure out how to execute, deliver and record a corrected deed, and perhaps expunge the erroneous deed.

If necessary, you can resort to a court to have a deed corrected. At this point, that should be unnecessary.

Needless to say, you should double- and triple-check to make sure the deed is in fact in error. There is always a possibility that it's correct and whatever you're relying upon to believe it's erroenous is itself erroneous and the deed is not.

Re: Grant Deed error

I would need to see all of your sale and purchase documents, as well as the preliminary title report. If the prelim shows the sellers name attached to the correct lot description, but they later transposed the lot number, they would have responsibility to correct the mistake.

Let me know if you need help.