Title issues -- does anyone have experience/wisdom?

2 Replies

I recently bought a piece of property in my hometown.  Prior to closing, there was some issue clearing the title.  Not sure what exactly the issue was, but I do know the seller was one of those Quiet Claim deed companies.

I closed in July.  Still have no deed in hand (I paid cash).  

My agent reached out to the attorney's office and now I have this email from them:

"We received the recorded deed back from the court, but upon receipt and review for issuance of the owner's title policy, noted the legal description did not contain enough identifying information.  Accordingly, we prepared and send to the seller a corrective LWD.  We felt this necessary in order not to place a cloud on the title from this point forward.  As soon as the executed deed is returned, we will forward to the court for recording.  Upon receipt of the corrective deed, we will forward along with the owner's title policy."

Can anyone translate that for me?  Is it literally that the LWD could have been missing one tiny piece of information?

@Nicole L Redwine

Pretty much what it says. The legal description didn't have enough information to identify the property. You typically aren't allowed to use a postal address because things move around over time.

There are a few ways to do it.

1> lot and block: 
"Lot 9, Block 58, SCOTT LAKE MANOR SECTION 8, according to the plat hereof, as recorded in Plat Book 65, at Page 117 of the Public Records of Miami-Dade County, Florida."

2> Survey methods, (Metes and Bounds), which deals with property when it's in a little more rural. But, can be used with any property:

"Commence at the NE corner of the East 1/2 of West 1/2 of NE 1/4 of SW 1/4 of Section 17, Township 1 North, Range 12 West and run S 0 degrees 03'08" E, 28 feet to the South right of way line of Silver Lake Road and the Point Beginning; thence..." this goes on for awhile.

If the description is wrong, or not detailed enough, it has to be redone.

My bet is there was no legal description in or attached to your deed. It is not uncommon to have a "See Attached Exhibit A" for a legal description but Exhibit A gets lost in the process. It's either that or the title company attached the wrong legal or materially screwed up entering the data (wrong block, lot, etc.) 

Clerks do not review these things. They take your recording fees and taxes and move on to the next transaction.

Your title company will record the corrective deed with the right legal, issue owners title insurance, and the problem will be solved.