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samladi · Apr 14, 2009, 08:23 AM

I closed on my home 2 years ago. Now, at the time of refinance, my bank found that the Warranty deed has my wife's last name misspelled. I verrified from my copy of the deed that they are right. This is something I should have corrected when I first bough the home. Surprisingly this did not come up when I did a refi last year. Now the bank says process will be held up until a corrected deed is given to them.
My R.E. Attorney (same one who helped close my home) agreed to submit my deed for a correction and re-recording at the county clerks office.

My questions are three fold:
1. How does the mortgage bank that I am refinancing with, get the corrected copy? Do they wait a few weeks and do a deed search again, so the corrected deed comes up?
If yes, How long will they have to wait until the corrected deed comes up ?

2. Do I have to personally get the corrected deed from the county clerks office and mail it to the bank?

3. Will I have to do #2 above anyway to have a corrected deed for my own records?

Please answer each question separately.
Thanks.

Xyzpdq0121 · Apr 14, 2009, 08:40 AM

This happens all the time. If you lender has a good title searcher, they should be able to pull the new record as soon as it is recorded. Sometimes, mainly in rural areas, the delay can be as much as 30 days. Most of the time, your lender will not allow you to bring in any of your records (or records that you get from the county, such as your deed info) since it could be false. They require it to come from the title service.

Now, you might want to go down after you file your paperwork and get an updated copy for yourself. But that is up to you.

LisaB4657 · Apr 14, 2009, 09:13 AM

If the person recording your deed does it by hand delivery then they may be able to get a receipt with the "Instrument Number" immediately. The county clerk or register's office should be stamping the document with an instrument number immediately when it comes in for recording. Then it goes through the recording process where it gets entered into a Deed Book. But a title company should insure the deed if there is an Instrument Number. If the title company will insure it then the lender should accept it as well. See if your attorney can get the Instrument Number.