What happens if the trustee’s name ona deed of trust is incorrect?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if the trustee’s name ona deed of trust is incorrect?
The trustee’s name on my deed of trust is wrong. The middle initial is wrong because I found the correct one on people search. If the house were to go to foreclosure, does the trustee execute the sale and wouldn’t he have to prove that he is the correct one. Is it possible that they have to draw up a new deed and documents to reflect his correct name and also I would have to enter into a new contract?
Asked on July 20, 2010 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Minor "clerical" or typographic errors do not invalidate deeds, apppointments as trustees, contracts, etc. As long as it is clear from the circumstances or the context that John or Jane Doe is the intended trustee, the fact that a middle initial is wrong will have no effect. It would be a different story if there was credible grounds to believe that the wrong person was named; in that case, if someone mounted as challenge to the trustee's appointment or authority, the error in the name would be one element or piece of evidence in such a challenge--though it would not be sufficient in and of itself. If there really is no doubt as to who was named or intended and this is just a "typo," then it will have no impact or effect.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.