Tuesday, August 25, 2009

Public Service Announcement: Real Estate Deeds

Today I learned that if you are drafting a Quitclaim Deed (or any other kind probably), it is extremely important that the Grantor's name exactly match the Grantee's name on the previous Deed. For example, if the current owner's name is "John Michael Smith," and when he got the property the Deed called him "John M. Smith," then when he passes the property on his name damn well better read "John M. Smith" and not "John Smith" or "John Michael Smith" or "J M Smith" or any other variant.

If you are so unlucky as to draft a Deed with the incorrect name, the County Clerk and Recorder's office will still file it and all you'll have done is cloud the title to the property until you can execute a Correction Deed. Every time you file something with the County Clerk and Recorder's Office it takes an average of 30 days to get it back with the recording information.

If at all possible, try not to make this mistake while dealing with an Estate or Trust as either the Grantor or Grantee, because Personal Representatives' Deeds and Trustees' Deeds are a whole separate pain in the ass.


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