QUESTION

Title was recorded wrong

Asked on Apr 17th, 2017 on Real Estate - California
More details to this question:
I have a rental in Alabamba, ready to sell and close an escrow. Now I found that deed was recorded wrongly by the previous lender that hired title company. I have contacted the title company, they delayed for over a week to response to me, while I am waiting to resolve to issue to close the sell. What should I do at this point? Should the title company responsible to record the title correctly? I have their certificate, HUD-1, etc.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Title issues and escrow issues are handled differently in different states. Even here in Califorina, such issues are handled differentlyin Northern California and Southern California. In Southern California, the title company might record the deed, but a separate escrow company might prepare the deed and decide how it should read. In some states, title and escrow are handled by an attorney, and the attorney's work is insured by a title insurance company. The point of all of that is that you need to hire an attorney in Alabama to help you. Also, any threats or implied threats which might be needed, will be much more credible coming from a local attorney than a California, thousands of miles away.  If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Apr 18th, 2017 at 1:24 PM

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