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  1. #1
    Join Date
    Jul 2013
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    2

    Default How to Fix an Incorrect Property Description on the Title

    My question involves real estate located in the State of: NY

    I purchased my home in 2003, and I hired a real estate lawyer to represent me. Recently, with the low refi rates available, I refinanced my home. It came about with the bank's title agency that my homes' recorded survey property description is incorrect. The survey map is correct, just the description is wrong. It doesn't describe my property correctly.

    I need to get this corrected because, if and when I go to sell my home, a future buyer' lawyer might pick up that the survey description is wrong. Hence, I wont be able to sell my home. I would have thought that my lawyer that would have picked up on this descrepancy.

    Isn't it my lawyer's responsibility to fix this issue? After all I paid her to ensure a smooth transaction and respresent me and my interest. I am going to write her a letter showing where the survey description is incorrect and ask her to fix the issue. She should incur any cost involved in fixing this.

    Is this course of action reasonable?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    75,912

    Default Re: How to Fix an Incorrect Property Description on the Title

    How did the title company miss the error when you initially purchased the property? When and how did the error originate? Should we infer that the description was correct on the seller's deed, but that the error originated when the property was conveyed to you? In general terms, what is the nature of the error?

    At first blush, yes, I would be asking the lawyer from the original transaction and title insurance company from that transaction to fix the error.

  3. #3
    Join Date
    Jul 2013
    Posts
    2

    Default Re: How to Fix an Incorrect Property Description on the Title

    According to the bank's title agency from which I refinanced with, the survey description was wrong from two homeowners before me. The original homeowner had it right, but somewhere it became incorrect. Its just been this way and now I have the incorrect description. I could try to push it to the next homeowner, but I run the risk of not being able to sell.

    I own a townhouse with no land. So by fixing the survey its not like I am going to get extra property, im not looking for such. However, the survey description should outline my townhouse. So for example if my townhouse is 20' x 25'', I should have 4 items on the survey stating such (1 for each side). The survey just doesnt outline the home. I will have one line on the survey stating that the previous point was 25', but on the opposite side of the home, the survey will say 30'. My townhouse is a rectangle, so I can't have the opposite side greater than the other side. That is the nature of the error.

  4. #4
    Join Date
    Aug 2013
    Posts
    3

    Default Re: How to Fix an Incorrect Property Description on the Title

    You have unmarketable title due to a defect in your legal description and you need to take your owner's policy of title insurance to a lawyer or to your insurer if you feel comfortable doing it yourself. The title insurance company should fix the issue or compensate you for any damages you've incurred.

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