QUESTION
Is a Grant Deed valid if the APN is wrong and the Grantor's name is misspelled three times?
Asked on Jun 17th, 2017 on Estate Planning - California
More details to this question:
A Grant Deed was recorded with the correct APN in 2003 from a married woman (spouse of Grantee) to a married man as his sole and separate property. Another Grant Deed was recorded with, not only an invalid APN in 2013 but the grantor's name is spelled incorrectly three times. Also, the notary line states that husband personally appeared. Is the latter a valid Grant Deed? Wife suffers from dementia and husband passed away last month. She and her daughter are selling the property, which may even now be in escrow. Do the husband’s own sons and daughters have any claim to the property? He did not have a will.
2 ANSWERS
Your question is missing a bunch of info. You should seek legal counsel immediately in order to challenge the validity of the transfer of the house.
Answered on Sep 05th, 2017 at 11:42 AM
To whom was the property given to as to the second deed? I assume all the children are from prior different marriages and none of them were adopted by the non-parent. The wife legally transferred her interests [if she was mentally competent at the time] to her husband. If it was done properly, he would have had the property as his separate property. On his death, the property goes to his wife and his/their children, if no other transfer occurred. ?The title company may report the title is defective. Contact her children to see if they have a power of attorney to sell the property, why they claim they have the right to sell and exclude you, the name of the two involved realtors and title company. Tell the latter two what the actual facts are [not any legal conclusions on your part], and that likely will prevent any sale. As to the second sale, if it is clear who is transferring what land, minor mistakes in spelling and the APN are unimportant.
Answered on Sep 05th, 2017 at 4:28 AM