What happens if the legal description in a deed is wrong?
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What happens if the legal description in a deed is wrong?
If a security deed’s legal description is totally incorrect (i.e. wrong plat), does the mortgagee still have the right to take possession of the property in the event the mortgagor defaults? Or does the the mortgagee only have legal rights to the property as defined in the security deed?
Asked on September 25, 2011 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) A misdescription does NOT give the lender the right to take the other property; if that were the case, anyone could essentially confiscate any property they would like to take simply by "accidentally" misdescribing the location or lot. The misdescription does not affect the rights of hte plots correct owner.
2) Whether the mortgage is invalide vis-a-vis the borrower depends on the circumstances. If, notwithstanding the misdescription, it is still clear what property is affected--e.g. the loan agreement has the correct address; the loan is taken ou by you and you ony have or own one piece of property; etc.--then the misdescription in the security deed is not likely to prevent the mortgage from being enforced, since courts have the right to "reform" documents to correct obvious errors.
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