Recorded Deed Transfer Error

showdogz · Joined: 09 Jan 2009 Posts: 1 1.40 Dollars($)

I just refinanced my Uncle's property and the mortgage is soley in my name. The escrow company fild the deed in our names as tennants in common not joint tennants. They had told me they updated it. When I got a copy of the deed-late at night (last night) I saw the mistake. I called escrow and sent them an email immediatley when I caught the mistake. They sent me a new deed transfer as joint tennants this morning- however, while all of this was happening my Uncle died. I did not get the deed correction notarized or filed because he died. The Escrow company wrote me a letter saying they made a mistake. Am I going to face California Probate? Or is there a way to fix this so it is Joint Tenancy- even though he died and that i have emails stating there was an error to be corrected to the Finance Person before the deed was filed and another email the night before pointing out the error?

Jessica · Posted: Mon Jan 12, 2009 5:45 am Post subject:

Hi showdogz,

I don't think this will be joint tenancy any more because your uncle has passed away. You need to explain the situation to your lender and then file an Affidavit of Heirship in order to remove his name from the deed. By the way, has he left behind a Will? If yes, then it has to go through probate In California if that's where the property is located.

Regards,

Jessica

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