How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11877
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
20073497
Type Your Real Estate Law Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

on sept.28th 2012 HSBC filed for foreclosure on my property,

Customer Question

on sept.28th 2012 HSBC filed for foreclosure on my property, on oct. 1st 2012 they withdrew there foreclosure,and nothing has been done since, yesterday june 4th 2013 it came to light that, that I assume HSBC hired a company in bolder colorado to enter scriveners error on our propery description, no one ever cotacted me about this or showed me how these changes affect me, is this legal? plus my initial mortgage was with W.F. and is serviced by W.F. I have nothing that shows HSCB on it any where. my belief is the deed has been seperated from the note? how can I buy land with a legal description then they change it ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good evening. Can you tell me what change resulted from this "scriveners error"? Thank you!
Customer: replied 1 year ago.
it says the call in the fifth lineof the legal descriptionreferencedin paragraph 2 incorrectly reads "the northwest corner of said NW1/4SE1/4 of section 32" when it should read "the northeast corner of said NW1/4SW1/4 of said section 32"

B. The call in the seventh line of the legal description referenced in paragraph 2 incorrectly reads "apoint on the North line of said NW1/4SE1/4" when it should read "apoint on the North line of said NW1/4SW1/4"
this warranty deed was given to arthur burrows in 1989 the person who owned this land prior to burrows had been here for close to one hundred years. my question is is this legal would they not have to show me on the ground the changes? could this not affect my neighbors? isnt this deceptive? can I deny this change? in this affidavit of scrivners error it lists me as Grantee? I did not grant anything after 7 years and possibly 100 hundred years would this not be much more than a clerical error? it has obviously been that way for 25 years? do i have any legal grounds here I would really like to have a negotiation chip to deal with these banks they found it important enough to have it changed, and they did it with out my knowledge and obviously they are trying to keep it a secreet from me. is there a time limit on how long any of this can be done? isthere a time limit on how long until I can challenge it?
Expert:  Richard replied 1 year ago.
Good morning. Do you happen to have your loan documents available? Many times those documents include a document giving the lender the right to make changes unilaterally to correct things that are clearly mistakes. These calls on your description could fit within this because if left as is, the description would not make sense. Could you look at your loan documents to determine if possibly you signed a document allowing for them to unilaterally make such a change?
Customer: replied 1 year ago.
i can only find a power of attorney given to the title company that has expired shortly after it was executed
Customer: replied 1 year ago.
Relist: Answer came too late.
i ned to have the question answered ? what do you mean how can we help you further? all that was done was he asked for more info which i supplied, and you do not no when he will be able to answer so lets get some one else thx
Expert:  Richard replied 1 year ago.
Thanks for your input. I'm sorry I had a meeting to attend. I apologize for any inconvenience. We had originally started on this question last night and I had a previously scheduled meeting this morning and had no way of knowing at what point you would respond. I I'm going to opt out at this point so that hopefully another expert can assist you on a more timely basis. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.
Expert:  Richard replied 1 year ago.
Let me know if another expert doesn't pick this up for you. I don't want you to be delayed further, and will be happy to work with you if you'd like.
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service. My colleague is a very able and capable attorney who responds quickly to customers, unless something totally unexpected presents itself. He has asked me to assist you in his absence.

 

As your previous Expert stated, your loan documents might include a clause which permits a change in the description because of a scrivener's error. You certainly have a right to know how HSBC came into the picture so that you know with whom you are dealing and why.

 

Rather than be burdened with determining what has happened, you should immediately file a claim with the title insurance company who issued your title report because that is the main purpose for buying title insurance. The title insurance company insured, among other things, the description and your title to the description of the property. This obligates them to defend against any changes and to compensate you for any diminution in the value of your property. There is a definite time limit to filing a claim with the title company which insured your title and it is specified in the title policy they issued to you. Therefore, filing a timely claim is absolutely necessary to preserve your rights and have the title company step in, thereby saving you a lot of time, frustration and grief,

 

_________________________________________________________________

 

 

If I have not Answered your question completely, please let me know by using the "Reply" button and I will be glad to explain further,

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Customer: replied 1 year ago.
thanks I am sure the other attorney is very competent but i just found this as i had stated. Should I just go to the title company and say hay you guys you screwed up or due this thru a real estate attorney? my preference would be to go to them and say hey you screwed up how are we going to settle this, and if I do not like your answer I will hire and attorney and come after you, W.F. and HSBC what is your recommendation on this? this warranty deed is 100 years old it has been thru W.F. and the same title co. 6 or eight times, so this is more than just a scriverners error in my opionion, to me that a catch all that is being used in this instance to make it easy for them yhx
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Thank you for your reply,

 

If the same title insurance company has been involved in insuring this particular title, I can understand why it has gone on for so long. Where the same title company is involved, they do not do a complete search when a new owner is acquiring title; they only do what is called a "Bring down" which means running the title from the last conveyance up to the present time, so if a mistake was made in the description, or in any other aspect of the title (other than checking for judgments, mortgages, liens, etc.), than the property's description would not change until someone caught the mistake, had a survey done, or another title insurance company became involved and did more than just a "Bring down". So, this is probably what happened here.

 

You do not need to incur legal fees. These are exactly the defects for which a buyer purchases title insurance. File your claim on your own with your title insurance company. There are no two ways about it, they are obligated to take care of this for you. If, by some chance, they deny your claim, then you should retain a lawyer. This is the perfect example of bad faith on the part of the title insurance company. These cases are generally taken on a contingency fee so that you still would not have to incur any legal fees and the attorney would be paid from any settlement, verdict, or judgment. The attorney would negotiate with the title insurance company and simultaneously file a lawsuit against the title insurance company and would include a "Bad Faith" claim. Bad faith claims result in punitive damages and translated into monetary figures, amounts to three times the Plaintiff's ordinary damages. Therefore, if your ordinary damages were, for example, $25,000, then punitive damages would be three times that amount which would be added to ordinary damages, resulting in a total recovery of $100,000 ($25,000 x 3 = $75,000) $25,000 + $75,000 = $100,000,

 

___________________________________________________________________

 

 

If I have not Answered your question completely, please let me know by using the "Reply" button and I will be glad to explain further,

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11877
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 6 other Real Estate Law Specialists are ready to help you
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for the "Excellent Service" rating and the Bonus, I greatly appreciate it. If you have additional questions, or have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,

 

"For Andrea only .......... "

 

 

Thank you again for allowing me the opportunity to be of service and please let me know your results with the title company,

 

ANDREA

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 

Related Real Estate Law Questions

Chat Now With A Real Estate Lawyer
Andrea, Esq.
Andrea, Esq.
Attorney
1169 Satisfied Customers
I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.