Error on Warranty Deed Already Recorded

[sparkle022]

Does anybody have experience with an issue on a warranty deed causing an issue? Specifically, our title company did not send us a copy of our resale deed to inspect before closing. This is the first time we haven't been able to review a copy for typos or errors during the closing process. The deed that was filed lists my brother and mother as "husband and wife" when I clearly marked us all as tenants in common on our paperwork. My brother is actually about to be married and he and his new wife may want their own contract down the line (many, many years - I know it would be a different membership). I am an attorney, so this makes me worried that if my brother then tries to make a purchase, the scrivener's error on that deed could cause issues for him in the future.

Any advice?

 

[ttran160]

I had an issue where they listed me as "a single man" instead of a single woman on the deed. I reached out to the agent at the title company and made them aware of the error and they prepared and recorded a Scrivener's Affidavit with the county.

 

[DanCali]

These things can be corrected - it's a matter of filing the appropriate document for the relevant county.

We had an error on one of our Hawaii deeds - mailing address was incorrect (just a remnant from a prior deed that wasn't changed). The title company at first refused to do anything about it, saying it did not affect the ownership in any way, and DVC also didn't care about it since the points made it to our account. But we insisted on filing a correction deed and the title company ended up doing it for us for free (with some nudging from the resale broker)

 

[CarolynFH]

@sparkle022 you should notify the title company ASAP. It’s their error and they need to correct it.

 

[MICKIMINI]

It happened to us years ago when a closing agency put the wrong State in. I contacted the closing agent and it was corrected. It happens.