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Ray
Ray, Lawyer
Category: Real Estate Law
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Experience:  Texas Attorney for 30 years dealing in real estate
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How do I correct an error to a security deed? We had a

Customer Question

How do I correct an error to a security deed?
We had a security deed on a property in GA on our first mortgage. We refinanced that loan. An error was made when the new deed was completed it mentioned to wrong page number in the plot book. I've been trying to get it corrected but the loan company is now out of business. And MERS is not responding.
What can I do to get this corrected?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA.I am Ray and will be the expert helping you tonight.

If you cannot get a signed correction deed you will have to file a suit to quiet title.The court would hear your suit and award you clear corrected legal title.The court orders serve3 as a correction deed here to clear the problem and give you correct and complete title.

You are going to need local real estate lawyer to file such a suit and resolve this matter.

Law for reference.

In an equitable quiet title action, a court may cause to be delivered up and cancel any instrument which casts a cloud over the complainant’s title. O.C.G.A. § 23-3-40; Duffee v. Jones, 208 Ga. 639, 68 S.E.2d 699 (1952). This action is commonly known as a conventional proceeding quia timet. A cloud is an instrument that may give a claimant an apparent right to the property of the current possessor, such as an invalid deed or an obscured boundary line. O.C.G.A. § 23-3-42.

When an action is brought challenging an identified cloud, the court determines the validity of the outstanding claim and issues a decree. The relief sought will be granted where the invalidity of the specific instrument sought to be canceled appears on its face or is revealed through outside facts. O.C.G.A. § 23-3-41. In granting the relief, the court may cancel instruments, construe them to avoid conflicts, grant injunctions, or use other available equitable power. See 25 Encyclopedia of Georgia Law, Quieting Title, § 3 (1986 Rev.). This malleability of remedies is an advantage not found in the statutory proceeding.

Generally, a party must be in possession of the property in order to assert an equitable claim to quiet title. Smith v. Georgia Kaolin Co., Inc., 264 Ga. 755, 449 S.E.2d 85 (1994). In addition, a party must assert either current record title or current prescriptive title. In re Rivermist Homeowners Ass’n Inc., 244 Ga. 515, 260 S.E.2d 897 (1979). However, there are some exceptions to this possession requirement such as when dealing with wild and unoccupied lands or in cases where there is another distinct head of equity jurisdiction sufficient to support the action. Vaughn v. Vaughn, 253 Ga. 76, 317 S.E.2d 201 (1984). - See more at: http://www.mmmlaw.com/media-room/publications/articles/partition-and-quiet-title-actions-in-georgia#sthash.WPbS50j2.dpuf

Thanks again.

Expert:  Ray replied 1 year ago.

Lawyer referral here.

http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/georgia

You definitely have remedies through the courts with a quiet title action here.

Expert:  Ray replied 1 year ago.

Jim please let me know if you have more follow up.Thanks again and good luck here.

Customer: replied 1 year ago.
Really. I have to hire a lawyer and go to court to correct a typo. There's no other way? Not even a Scrivener's Affidavit.
Expert:  Ray replied 1 year ago.

Unless you can get the lender here to sign a correction deed the only way to get clear title that you can sell and market is through a suit to quiet title.These are the only two ways here to resolve it.

Expert:  Ray replied 1 year ago.

You can do a scriveners affidavit if you can find them to sign it.The problem as
I understood it was they were defunct.In that case the suit to quiet title is the remedy.I know it is frustrating.If you have title policy you can make claim to title company to cover costs to cure title.Then it is their problem and their costs.

Expert:  Ray replied 1 year ago.

Thanks again.

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