QUESTION

Estate planning

Asked on Mar 20th, 2023 on Real Estate - Michigan
More details to this question:
Upon my mothers death I went to an attorney to have the deed transferred into my name (Christoper Linton) and Wendy Linton (sister). The clerk at the Attorney office (Roger E West) put the wrong name on the deed. At the time I did not realize it and signed the document, I went back to have it corrected and got a deed that has the rightful owners name on it. Now we are in the process of trying to sale the property and being told a scriber's affidavit should have been done. The property cannot be sold without a clean title and the person that was listed on the title has no ownership to the property nor do I know this person. Can you assist with this matter?
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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this is a major mistake in drafting. you need to either get a quit claim from the incorrect person on that deed or file an action for quiet title on the property. also, since the person whose name is one the incorrect deed can sell the property without your say-so, recording a Claim of Interest to prevent transfer of the property to any third party is highly advisable. You definitely need to retain a real estate attorney for this matter. If I can be of service, feel free to be in touch.
Answered on Mar 20th, 2023 at 3:08 PM

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