Legal Question in Real Estate Law in Washington
real estate deed of trust
My husband and I got married last year. He built a house while we were engaged and the deed said an unmarried man. Recently we refinanced and he wanted to add me to the deed. The title company did a very sloppy job and copied the old deed. Then the drew a line through the unmarried man part. And then they hand wrote my name. It looks like I was added afterward. We did it with a company that was out of town and they faxed a copy to notary public and that was the first we had seen of it. We really had no other choice but to sign. My husband asked the mortgage officer about it the next day because we were worried someday somebody could contest it and he said he would get a''second opinion'' on it but we haven't heard back. Should this be redone? Can it be now that we've closed? Thanks for your help.
1 Answer from Attorneys
Re: real estate deed of trust
The law regards a handwriting such as you describe as more reliable than a printing (what used to be typewritten).
What transpired is what is called a "scrivener's error". Used to be a lot more common in the days before computers made editing easier.
I cannot tell you how many court orders I have presented for signature that have hand written changes done by counsel in court after the judge has ruled.
Remember I can't offer an opinion based on facts re this situation that you omitted to relay, even inadvertently. But based purely on the facts you have provided, there is no issue. Let it go.
The important part is that your name is there and you signed it.
The deed will be public record. Once it is recorded, you can review it. Your name will be there, whether handwritten or printed.
Elizabeth Powell
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