Legal help for a neighbor. Warranty deed names wrong section but rest is perfect. Grantor trying to say deed is void?

5 Replies

Neighbors wife had a piece of property transferred in 2002 to her via her mother but her dad hid the deed since 2002. Found the deed while moving her dad into an apartment last month and filed in correct jurisdiction.  Her dad hired a lawyer and is claiming that since the legal description states the wrong section in the county the whole transfer is null and void? Everything from the land lots and deed book are correct though. Any Georgia legal minds have any input? Is there a statute of limitations in Georgia like in NC and Ca She will be hiring an attorney in the next few weeks

Thank you in advance

Here, of you can find the attorney/person who Drafted the deed, the can simply file a Scrivner's Error affidavit.  A clerical error won't void a deed, generally.  I'm sure Georgia laws are similar.  A local RE attorney will know.

Thank you.  Unfortunately for him the attorney that drafted the deed is an a home with Alzheimer's now.  From what I see, the exhibit to the deed clearly shows the correct property to be transferred.  The issue that the other party is relying on is the section is wrong.  Interestingly, the section referenced in the deed does not exist in the county so no other property is affected. I explained to him that I am sure an attorney once hired (he is trying to get funds) will point out that the court will merely view this as a typo.  They are good people

Is the mother who granted the deed deceased or alive?

Clearly the father does not want the daughter to own this asset for some reason; figuring out why might help. 

Here in CA, Delivery & Acceptance are essential elements of transfer. It's worth noting that it was clearly the intent of the (now deceased) Grantor to transfer the real estate, despite lack of considering.

The father's interference with completion of delivery would be a tort and damages could be sought, IMHO. 

One way to remedy in incorrect legal description is to re-record the deed with the corrected  information. I would have my title company or attorney record so as it doesn't appear as "self help" should that bias someone later.

This IS an uninsured transfer, however. This is another example of why title insurance is 'popular' although inter family transfer are rarely insured. The point is that the title company would be responsible for defending and paying for the legal cost. 

I hope this property is worth something that makes the value worth fighting for. On the other hand, as Babiak wisely points out, you really ought to find out what's Dad's real motivation, it might be something like an attachment to something that his spouse had owned or more a statement about the dynamics between family members rather than anything truly legal or executorial. 

Originally posted by @Steve Babiak :

Clearly the father does not want the daughter to own this asset for some reason; figuring out why might help. 

 Is it emotional or financial? If financial, perhaps you could offer the father whatever a lawyer will cost (or slightly more as it's a guaranteed and faster resolution) to let the daughter have the property. If emotional, good luck, he could fight tooth and nail.