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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100053
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I am trying to work with my bank to apply mortgage mod. It's

Customer Question

Hi I am trying to work with my bank to apply for a mortgage mod. It's important to note, my ex wife, well we are legally married, signed the quit claim deed over to me, I brought it to the registrars office in Massachusetts and it was legally recorded. Now my bank is telling me that my filed quit claim deed does not match the deed of trust. I keep telling the bank I do not know what more I can do. They keep threatening to close my application case if I don't get the proper doc to them.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me more about the mismatch? What exactly is not matching?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
They are saying the deed I submitted is incorrect in regards ***** ***** "house location?" Compared to the deed of trust.
Expert:  Ely replied 9 months ago.

I see.

Well, this does not seem to be an issue with conveyances, but more with the verbiage. Someone in your situation may wish to ensure that the address is correct, and that the legal description of the property in the deed is also correct. The legal description of the property is a marker of the land besides the address - see HERE.

Very likely, that may be the issue.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 9 months ago.
Ok yes. That was exactly what they said, legal description, I couldn't think of it earlier. So my question is, if the Massachusetts registrar is satisfied with the deed, why would there be a discrepancy between the 2?
Customer: replied 9 months ago.
Also, if the verbiage does need to change, would it get bounced back at the registrars office?
Expert:  Ely replied 9 months ago.

Hello,

Good question. The registrar's clerk only accepts papers. They do not care much about whether or not the deed is actually proper. I can go and file a deed filled with cartoon characters' names and they would accept it, if I wanted to. In short, the clerk only serves as the repository. They do not vouch for the deed's legal "finality" or "minimal standards," etc.

The lender wants to be sure that the loan is based on a deed which is very carefully, 100% proper in conveyance and interest to all parties. So their requirements may be somewhat more specific than others.

If the verbiage needs to change, then the party that needs to re-convey would likely have to quitclaim the interest. It would not be bounced back at the clerk's office, provided proper paperwork is filed.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 9 months ago.
they would have to do the the re-conveyance or is that myself? Normally would I have to pay an additional fee to refile or will they accept an adjustment I submitted?
Expert:  Ely replied 9 months ago.

I really do not know what would have to be filed because it depends on where they see the mistake. I am sorry. Normally this is corrected via a quitclaim deed, but not always. You may have to talk to an attorney face to face (this is highly recommended) to know exactly where the issue is.

There is a fee with the clerk to refile. It would be an additional filing, not a correction.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

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