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-   -   How to correct the deed and title after mistake were made (https://www.askmehelpdesk.com/showthread.php?t=103973)

  • Jun 24, 2007, 02:40 PM
    michaelxvo
    How to correct the deed and title after mistake were made
    My mother bought a condominum 13 years ago (1994).
    On the contract, the seller listed as 1 condomium and 1 parking space.

    BUT:
    On the deed in the description area, it only mentioned 1 condominium and 1 PIN.
    On the Title in the descriptition area, it only mentioned 1 condominium and 1 PIN.

    However, She received the PROPERTY TAX bills for both PIN numbers (the condominium and the parking space) and paid the tax since 1996 until now.

    When she goes to the County Clerk's office and provide the PIN numbers, the records shows both PIN are under her name.

    Now she would like to sell her condo and the Lawyer for the buyer questions about the missing PIN of the parking space on the deed and the title.
    He also threaten to sue if the problem cannot be resolve.

    How can she fix this problem?
    Can the buyer sue my mother if she cannot correct the deed and title?

    Thank you in advance for your advice
  • Jun 24, 2007, 02:57 PM
    LisaB4657
    When your mother bought the condo she should have also purchased title insurance at that time. She should contact her title insurance company and tell them about the problem. They will tell her what needs to be done and how to do it. They will probably do it for her.
  • Jun 24, 2007, 04:59 PM
    Fr_Chuck
    If the orginial seller can be found, you can get them to sign a new quitclaim deed with the corrected info. You can file a quiet title suit in court to clear up te title.

    She can sell the property as listed on the deed, period, and not worry about clearing anything else.

    Also do they really "own" the parking space, is this not common area owned by the condo association, and the right to use the parking space granted by the association??
  • Jun 24, 2007, 05:20 PM
    ScottGem
    Lisa and Frank answered part of your question. If the buyer loses time and money because your mom tried to sell something without clear title he can sue. But that's also where your mom's ttile insurance comes in.
  • Jun 24, 2007, 05:55 PM
    michaelxvo
    Quote:

    Originally Posted by Fr_Chuck
    If the originial seller can be found, you can get them to sign a new quitclaim deed with the corrected info. you can file a quiet title suit in court to clear up te title.

    She can sell the property as listed on the deed, period, and not worry about clearing anything else.

    Also do they really "own" the parking space, is this not common area owned by the condo association, and the right to use the parking space granted by the association ???

    We lost contact and do not know where the original owner is.

    In this condo association, the association does not own the parking area. Each small space is owned by each condo unit. The unit owner pay tax for that space.

    Can we go back to the title insurance and ask them for a correction declaration? This is a clerical mistake made either by the seller or the title insurance.
  • Jun 24, 2007, 06:26 PM
    LisaB4657
    Go back to the title insurance company. They insured your mother's title so they have to make sure it is clear and marketable. That's what your mother paid for.
  • Jun 24, 2007, 07:26 PM
    michaelxvo
    Quote:

    Originally Posted by LisaB4657
    Go back to the title insurance company. They insured your mother's title so they have to make sure it is clear and marketable. That's what your mother paid for.

    Thank you. We plan to visit the Title Insurance's office and ask them to help.

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