[kisses1]

Hi
We are in the process of refinancing everything is done except that the deed needs to be corrected doesn't give us full property rights! We bought it 9 years ago
We contacted the original owners lawyer they did a corrective deed sent it to old owner
And they are not sighning it
What can I do
I am going to loose my rate and I need to get this done
We have emailed her called her and no response
I don't have much money getting out of a arm mortgage and need to do it fast
This is in upstate New York
Can you tell me what I can do
Title company wants a corrrective deed
Please help!!

[Fr_Chuck]

What type of deed did you get ? A warranty deed ? Do you have title insurance,

Sounds like you are going to end up back into court sueing the original owner to correct the deed.

What is incorrect, and why did the first lender not have a problem with it,

[kisses1]

One line about where our property is
I guess the lender didn't do a good title search
In the refinace we have tilte insurance I know that
So what do I tell her that she can be sued if she doesn't do it?
Also what law is she breaking?
Just wondering
Do I go to our town court?
To file?

[Fr_Chuck]

If they gave you a warranty deed, when you bought the property, the terms of the deed is that the seller will do any and everything needed and be responsible in paying for any action that is required to furnish you a clear deed. ** a little rewording but you get the idea.
So if they gave you a warranty deed, you can do a court action in county court for a clear title ( well even if you have any type of deed this is what you will have to do if they don't sign) but if you have a warranity deed, you can sue the previous owner for all costs in doing this.

So if you do have a warranty deed, a reminder of that can sometimes help speed things up. Or a offer for a couple hundred dollars to get it done today.

It is not a criminal law, but civil law.

Now if they sold you the property on a limited warranty ( it will depend on what warranty is given) of if on a quitclaim deed ( there is no warranty given at all) then they may not be liable for the costs.

Just a though.