Legal Question in Real Estate Law in South Carolina

correction to date of mortgage

what do i need to do to correct the document date of a mortgage. Doc's read year 2006 when should read 2007.


Asked on 1/08/08, 4:57 pm

1 Answer from Attorneys

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

Re: correction to date of mortgage

Judging by your Zip code, you are a post office boxholder in Santa Rosa, but if you need advice about a South Carolina mortgage, you'll need to re-ask specifying that that state's law applies to your question.

There are several issues here that require local knowledge. First, the laws relating to correcting clerical errors (in legal jargon, "scrivener's errors) vary from state to state. Next, mortgages are not much used in California, where the practice is to use promissory notes secured by deeds of trust, i.e., two separate documents, which should agree. Finally, because the recording date nay be more important for some purposes than the dates written into the instrument, a knowledge of local recording laws and policies is possibly necessary to give an accurate answer.

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Answered on 1/08/08, 8:27 pm


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