Legal Question in Real Estate Law in California

Deed of Trust VESTING

What do I do if title is vested incorrectly? I am in escrow but refused to sign ''Deed of Trust and Escrow Instructions'' because it lists me as ''a MARRIED WOMAN as her sole & speparate property.'' This is incorrect-- I am DIVORCED; divorce was final 3 yrs ago. Title Co. has copies of my divorce decree and Interspousal Transfer Deed. Q: SHOULD THE TITLE CO. CHANGE THE VESTING BEFORE I SIGN THE ESCROW DOCUMENTS?

Asked on 2/03/07, 3:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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Re: Deed of Trust VESTING

Yes, you should discuss this with the escrow officer and/or title officer as soon as possible. Maybe they think you have remarried?

If they won't change it and don't have a good explanation, you'll be faced with the dilemma of whether to close on time with incorrect vesting or delay the closing and expose yourself to damage claims or possible loss of the deal. I'd document your problem well but go ahead and close, then straighten out the vesting afterwards. This is not the worst mistake I've seen.

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2/03/07, 4:04 pm

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