Legal Question in Real Estate Law in California

Mortgage company recently noticed zip code discrepancy between home owners insurance policy and grant deed. Grant deed is in error by one digit.What is the easiest way to correct the grant deed? (CA)


Asked on 4/27/12, 12:48 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This appears to be what is called a "scrivener's error"; i.e., a clerical-type mistake such as happens when a typist hits the wrong key. It also seems to have been a "mutual mistake" in that neither party (grantor or grantee) was aware of the error at the time the deed was exchanged for the consideration. Probably happened at the escrow company, which is a dual agent for buyer and seller. If all this is true, and can be shown to a court by clear and convincing evidence (or is undisputed), you can file and win a suit for "reformation of deed."

However, if the parties (grantor and grantee) can be found and are willing to do so, it may be possible to negotiate and record another deed, referencing the incorrect deed and containing the correct information.

Finally, since I don't believe a Zip code is an essential part of a property description, I think for most purposes, maybe all purposes, it would be just fine to do nothing. The correct Zip code for mailing tax and insurance papers depends on the address of the proper recipient, not the address of the property.

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Answered on 4/27/12, 3:12 pm
Anthony Roach Law Office of Anthony A. Roach

I've never heard of anyone caring about the zip code in a deed. What is important in a grant deed is the legal description of the property, not the address.

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Answered on 4/27/12, 8:25 pm


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