First and Last Name spelled incorrectly

[schiff1997]

We just received our deed on a resale and have noticed that my name is spelled incorrectly. This applies to both first and last name. My husbands is correct. We purchased a resale in Florida. Could this be a problem? I have contacted the closing company and they have asked that I return it. We will be in FLorida in the next six weeks, can we do the change ourselves?

 

[johnmfaeth]

The closing company will have to create, have executed, and record what is known as a "corrective deed". While you could theoretically obtain it from the closing company and go to the country recorder of deeds yourself, why bother, that's why they get paid.

If the first deed was not recorded, then a replacement deed with the correct information must be recorded.

Either way, let them handle it and enjoy your vacation.

John

 

[schiff1997]

The closing company will have to create, have executed, and record what is known as a "corrective deed". While you could theoretically obtain it from the closing company and go to the country recorder of deeds yourself, why bother, that's why they get paid.

If the first deed was not recorded, then a replacement deed with the correct information must be recorded.

Either way, let them handle it and enjoy your vacation.

John

Great advice John, thanks so much. I have checked with the resort and everything has been changed over, with no problems. When we are there In Feb I will make sure the resort has my proper name spelling.

 

[ttt]

Sounds to me that the closing company wants to Re Record the existing deed with the corrected name rather then doing a corrective deed. The outcome is still the same, the error gets fixed.

 

[johnmfaeth]

You definitely want a new deed recorded indicating the proper name spellings.

Regardless of what the resort says or does, getting the deed record clean is essential. It will bite you in the *^$& someday if you don't.

 

[schiff1997]

I will send the warranty deed back to the closing company tomorrow.

Thanks

 

[Mel]

While it is better to fix this now, it is not the end of the world if it is clear that you are the intended owner - if your name is "correct" but not spelled properly.

We just sold our old house in RI, and on some recorded document (I believe the deed) my name had one letter dropped. I had to sign all the closing documents twice - once with my correct name, and the second time AKA the incorrect spelling. We had the house for 4 years, and didn't know about the error until closing. When I look up the tax assessors information online, I see my name spelled incorrectly, so I assume they got the wrong information for the source of the error - the town records.

It is better to correct it now, since you noticed the error, but as long as the resort recognizes you as the owner you should be fine.