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The Water Cooler
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Real estate question
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<blockquote data-quote="cfw2000" data-source="post: 1852458" data-attributes="member: 19901"><p>This type of error happens more than you think. As mentioned above, the legal description in the deed may be wrong and the deed was not indexed by the County Clerk against the correct property. If the legal description is correct, the County Clerk may have indexed it against the wrong property. If that was the case, the abstractor would have still picked it up and included it in the abstract. It may have been that abstractor simply missed it and failed to include it in the abstract. The County Clerk is not liable for a mis-indexed deed, but an abstractor is liable for failing to include an instrument in the abstract that should have been included.</p><p></p><p>I see this problem several times a year in my office. My first question is why did the original grantor convey, or try to convey, the same property nine years later? Something indicated that original grantor thought he still owned the property. My guess is that he thought he still owned it because he kept getting the property tax bill every year. Under whose name was the County Assessor showing as the owner during all this time? If the Assessor was showing the original grantor as the owner it was probably because the deed in question never made it to their office. This was probably due to an incorrect legal description in the deed.</p><p></p><p>In any event, the original grantor may be liable to the original grantee depending on the circumstances. A good real estate lawyer needs to get involved if the original grantee wants to try and save the property.</p></blockquote><p></p>
[QUOTE="cfw2000, post: 1852458, member: 19901"] This type of error happens more than you think. As mentioned above, the legal description in the deed may be wrong and the deed was not indexed by the County Clerk against the correct property. If the legal description is correct, the County Clerk may have indexed it against the wrong property. If that was the case, the abstractor would have still picked it up and included it in the abstract. It may have been that abstractor simply missed it and failed to include it in the abstract. The County Clerk is not liable for a mis-indexed deed, but an abstractor is liable for failing to include an instrument in the abstract that should have been included. I see this problem several times a year in my office. My first question is why did the original grantor convey, or try to convey, the same property nine years later? Something indicated that original grantor thought he still owned the property. My guess is that he thought he still owned it because he kept getting the property tax bill every year. Under whose name was the County Assessor showing as the owner during all this time? If the Assessor was showing the original grantor as the owner it was probably because the deed in question never made it to their office. This was probably due to an incorrect legal description in the deed. In any event, the original grantor may be liable to the original grantee depending on the circumstances. A good real estate lawyer needs to get involved if the original grantee wants to try and save the property. [/QUOTE]
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