# Grant Deed - Name Misspelled?!



## TUGmember100 (Apr 7, 2010)

We were so excited to finally find the search result of our grant deed being recorded at Clark County today, however to our dismay we found that one of our first names was misspelled by a letter.  Could it just be misspelled on the web search results, or do you think that our grant deed is actually misspelled? The docs that the title company sent us for review had both of our names spelled correctly. If it is misspelled on the grant deed, we definitely want it corrected...but what kind of delay will that have on our purchase?  We are really anxious to get access to the HGVC system as we're entering into the 4th month of closing this purchase!  Your advice/experience is greatly appreciated.


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## Talent312 (Apr 7, 2010)

You need to look at the deed itself. You should get the original soon. Some offices make them viewable online.
The index only may be misspelled. But even if the name is misspelled on the Deed, its not a fatal flaw. Its what's called a "scrivener's error."

The person who's name is misspelled could sign an affidavit of identity, witnessed+notarized and recorded, just like the deed. Send a copy to HGVC with a cover letter, and perhaps a copy of a photo-ID.


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## ttt (Apr 7, 2010)

TUGmember100 said:


> We were so excited to finally find the search result of our grant deed being recorded at Clark County today, however to our dismay we found that one of our first names was misspelled by a letter.  Could it just be misspelled on the web search results, or do you think that our grant deed is actually misspelled? The docs that the title company sent us for review had both of our names spelled correctly. If it is misspelled on the grant deed, we definitely want it corrected...but what kind of delay will that have on our purchase?  We are really anxious to get access to the HGVC system as we're entering into the 4th month of closing this purchase!  Your advice/experience is greatly appreciated.


Clark County now has an scanner indexing deeds and it does make errors, so do check your deed when you receive it.


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## TUGmember100 (Apr 7, 2010)

*Thanks...*

Thanks for your replies...just called Clark County and they were able to look up the grant deed and told me that it was just indexed incorrectly and the deed itself is spelled correctly.   It has been sent to the supervisor to be indexed correctly.  Phew...thanks again for your help!


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## JM48 (Apr 7, 2010)

I have the same problem!

 The deed for my  Karen Ave.in LV  has my middle initial wrong, I notified the person who handled the closing as it was her mistake she said she will fix it.
 It will probably take a while!  

 JM


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## Talent312 (Apr 7, 2010)

JM48 said:


> The deed for my  Karen Ave. in LV  has my middle initial wrong, I notified the person who handled the closing as it was her mistake she said she will fix it.



My DW's middle initial is one way on our bank & brokers' accounts, something else on her DL & passport, and yet again, something else on her library card and some of our deeds.

Its like the woman can't decide. But long as her airline tickets match her photo ID, no one else seems to care.


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## DeniseM (Apr 7, 2010)

I wouldn't be to sure about that.  Once DMV would not renew my license, because my SS card name, did not match my married name on my driver's license.  I had to get a new SS card - they made a typo on the card.  DMV would still not renew my license.  I had to get another SS card and finally got my license renewed.


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## Talent312 (Apr 7, 2010)

DeniseM said:


> I wouldn't be to sure about that.  Once DMV would not renew my license, because my SS card name, did not match my married name on my driver's license.  I had to get a new SS card - they made a typo on the card.  DMV would still not renew my license.  I had to get another SS card and finally got my license renewed.



Yeah, DMV and more employers are getting picky about proof of SS#'s... as if that means you're not an illegal (or a terrorist). So the cards are in vogue... who would've thought... 

I once asked a bank VP about folks like my wife who present checks with a slight difference in their name. She said, "We assume that some mistakes are normal and will overlook them. But if it wasn't their check and someone complained, we could reverse the credit."


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## Harry (Apr 8, 2010)

*Really?*



Talent312 said:


> . Its what's called a "scrivener's error."
> .



Where did this term come from?


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## Talent312 (Apr 8, 2010)

Harry said:


> Where did this term [scrivener's error] come from?



The term has been handed down from English comnon law (upon which much of U.S. jurisprudence is founded), where it was derived from the notion that parties should not be held to a mutual mistake, and had they realized that only a minor error had been made, it would have been corrected.

The term has been used throughout business and legal history to justify correcting or simply ignoring clerical and typographical errors. In one celebrated case, the Supreme Court of Louisiana said it would ignore a 1934 statute which authorized parties to impeach the testimony of witnesses in any "unlawful" way. -- From "A Theory of Scrivener's Error" by Michael S. Fried, Rutgers Law Review (2000)

Recently, a court allowed Verizon to amend its 1996 and 1997 Cash Balance retirement plan to correct a scrivener’s error, saving Verizon more than $1 billion. "The error was to use a transition factor in the benefit formula twice, when it was clearly intended only to be used once." -- Paul Hastings (2009)

"This typewriter can mis-spell by itself," wrote Ernest Hemingway (a notoriously unreliable speller), pointing out one source of error.


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## Harry (Apr 9, 2010)

*Thanks for refressing my recollection*

I do recall now just have not seen it in use for years.

Interesting to note our son, a law student at a major Midwestern University, had not heard of  the doctrine either in Contracts or Real Property.


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