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Deed has my name spelled wrong -- how to fix it?

JudyS

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OK, here is a tough problem -- let's see what Tuggers can do with it! :)

A number of years ago, I bought a timeshare, and after it closed I realized my name was spelled wrong on the deed. (It was a very minor misspelling -- the order of two letters was reversed.) I contacted the closing company and they refused to correct it unless I paid them extra. The misspelling didn't cause me any problems with the resort, so I just ignored it.

Now, I have decided to sell the week, and immediately found a buyer. (I guess I should have priced it a lot higher!) I was planning to do the closing myself, which I have done for at least a dozen timeshare deeds in the past. I am not selling the week for much, and I said I'd cover closing costs, so I'd really like to file the deed myself rather than paying someone else to do it. However, I don't know how to fix the misspelling.

Is there a form I need to file with the county, or maybe some language I put in the new deed?

The jurisdiction is San Diego County, CA. (They have happily accepted my tax payments, even though my name doesn't match the deed, for almost a decade!)
 

klpca

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Perhaps you could give them a call to confirm, but I think that this is the form that you need to do a deed correction, checking the box for item G: https://arcc.sdcounty.ca.gov/Documents/PCOR.pdf

I had to do a deed correction on a purchase in Arizona that was recorded incorrectly. I called the office and they told me what I needed to do. It was easily fixed.
 

Talent312

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Changing the spelling on a office form won't fix a deed or, if a title search is run, correct a break in the chain of title where different names are used by the same owner. A "Corrective Deed" from the former-owner to the current-owner (or from the owner to himself) is the proper method for doing that.

But there is a simple one-step solution: Draft a deed to the buyer which lists the misspelled name as the Grantor and his true name as an "also known as" (i.e. alias), reciting that the grantor's name was misspelled in a prior deed and his true name is 'x.'

As always, do not consider this as legal advice, merely musings of an armchair
quarterback and for sound legal advice, you would need to consult an attorney.
.
 
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JudyS

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Changing the spelling on a office form won't fix a deed or, if a title search is run, correct a break in the chain of title where different names are used by the same owner. A "Corrective Deed" from the former-owner to the current-owner (or from the owner to himself) is the proper method for doing that.

But there is a simple one-step solution: Draft a deed to the buyer which lists the misspelled name as the Grantor and his true name as an "also known as" (i.e. alias), reciting that the grantor's name was misspelled in a prior deed and his true name is 'x.'

As always, do not consider this as legal advice, merely musings of an armchair
quarterback and for sound legal advice, you would need to consult an attorney.
.
Thanks very much! (And I realize your comments are just for informational purposes and are not legal advice.)

I doubt I can locate the former owner--I'm not sure he's even still alive. I'd be willing to do a deed from myself (with the misspelled name) to myself (with the proper spelling.) However, would I be able to get such a deed notarized, given that I don't have ID with the misspelled name?

I'm also willing to use the second, one-step method that you mentioned. Do you think this second form of deed would be easier to get notarized?
 

BJRSanDiego

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Why don't you bite the bullet and call LT Transfer (Mary Pless) and ask her how much it would cost for them to fix the deed or fix the deed and complete the closing. They don't charge all that much.
 

tugnut

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Why don't you bite the bullet and call LT Transfer (Mary Pless) and ask her how much it would cost for them to fix the deed or fix the deed and complete the closing. They don't charge all that much.
Yeah pay them $150 or pay a lawyer $800 to do a $10 job.
 

funtime

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Screen deeds before they are recorded.

Always ask to see copy of new deed before it is recorded. I am currently in the process of re-deeding back to ebay seller a property that was an off season studio when I "purchased" a high season 1 BR. I would have caught the mistake if I had previewed the deed. Did not think I needed to babysit the process, but if this is new due diligence, it is a good idea.
 

raygo123

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Are there deeds anymore? Or just a copy of what is sent to the recorders office? (Transfer papers)

Sent from my Nexus 7 using Tapatalk
 

klpca

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Changing the spelling on a office form won't fix a deed or, if a title search is run, correct a break in the chain of title where different names are used by the same owner. A "Corrective Deed" from the former-owner to the current-owner (or from the owner to himself) is the proper method for doing that.

But there is a simple one-step solution: Draft a deed to the buyer which lists the misspelled name as the Grantor and his true name as an "also known as" (i.e. alias), reciting that the grantor's name was misspelled in a prior deed and his true name is 'x.'

As always, do not consider this as legal advice, merely musings of an armchair
quarterback and for sound legal advice, you would need to consult an attorney.
.
I hear what you are saying and it was I expected to have to do, but the Maricopa Country recorder instructed me to type up a note saying that the original deed should have been included our individual names in addition to our trust name, and then sign it and have it and notarized. I sent a copy of this signed document in to the recorders office and they added that note to our file. It became part of the deed. I have since sold the unit - no problems transferring the deed. I thought that perhaps the San Diego county recorders office had a similar way to fix clerical errors on a deed.
 
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