Legal Question in Real Estate Law in California
Made a mistake on title to home
Two years ago I created a revocable living trust for my husband and I and put the title to our home in the name of the trust. I recently applied for an equity loan and was informed that I made a mistake on the title to the house. I put it in the name of ''the trust of (husbands name and wifes name)'' but the bank said I should have put it like ''husband and wife names trustees of trust of husband and wifes names''. Can I simply go to the county recorder and edit the name to correct the mistake or is this a big problem?
1 Answer from Attorneys
Re: Made a mistake on title to home
The County Recorder will not allow you to "edit" the deed which has been recorded. However, you can prepare and record a new deed transferring title from the way it is currently held, into the trust in the proper manner. Your trust documents, or the instructions you received from the person who created your trust, should be consulted on the proper method for holding title. I would not rely on what the bank is telling you, and would suggest that you take your trust to an attorney in your area and hire the attorey to properly prepare the deed. Failure to properly prepare a deed to real property could create future problems and cost you substantial sums of money to straignten out.
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