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Who signs Corrective Deed?
Who signs Corrective Deed?
So I’m selling my house in NC just to find out the original deed did not convey the right plat of land. A lawyer has corrected that deed and the previous owner signed and it’s been recorded. NOW, the problem is that at the time of the original sale, the previous owner was not married. She is now so a name change is reflected on the corrective deed. Does her husband also need to sign a corrective deed? My realtor is telling me he does so I’m guessing the closing attorney is telling her that. But I didn’t think corrective deeds would change interest in the propery as far as being able to take away or add people to the deed. And also, she’s still a live and signed the corrective deed so it’s not like it’s a quick claim deed. I would also assume that the lawyer who made the corrective deed, once I told her the previous owner got married and her name changed, would have known from the get go that the husband would need to sign too? Can anyone solidify one way or the other? If her husband needs to sign or not?
- 3 Replies
It is a good idea to have spouse’s sign too although technically it is unnecessary, belt AND suspenders.
Typically here they have spouse A execute a Quitclaim Deed to spouse B then spouse B executes the Grant Deed to grantee.
It comes down to what the Buyer and the Buyer’s lender will accept (often dictated by what the Title Company will insure).
I’m not a Lawyer, and California is a Community Property State (one of 5) but most States are effectively Community Property States at this point.
I would think that it depends on exactly what is being “corrected”.
As mentioned in the original post, the correction is the plat of land. The original deed conveyed the wrong plat. But I thought you couldn’t add or take away people on a corrective deed, as it’s just a correction to the description and nothing else.
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