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  1. #1
    Join Date
    Jan 2009
    Posts
    10

    Default Wrong Address on Certificate of Satisfaction

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

    My father paid off his mortgage back in March for a house he bought in 1989. The bank that owned his mortgage told him that he would get his certificate of satisfaction within 90 days. I wasn't with him when he went to the bank but the way he talked about it, he was under the impression that he would receive it in the mail. Fast forward to a few days ago and he still had not received anything. So I went to the bank a couple of days ago (he's been sick and can't go himself) and asked when he would get it. The person I spoke to said that since the mortgage was under his name and SSN, he had to come in himself and make the request. It will be several weeks if not months before he is able to do that, so I went to the city's circuit court because I knew they would have a copy under public record. I got it, along with a copy of the deed.

    My father had a conservator through Child and Family Services from about 1995 up until a couple of years ago and the conservator was in charge of paying all of his bills. So the certificate of satisfaction has my father's name, then "Child and Family Services" under that, and their address under that. The actual house address doesn't appear on there at all. I pointed out that the address was wrong and that my dad is now responsible for himself. The clerk said it doesn't matter what address is on there. Well, my father threw a fit when he saw the certificate because he thinks it means that Child and Family Services owns his house and they can decide to take it from him at any time.

    So my questions are
    1) Can Child and Family Services take his house if they wanted to?
    2) Is it possible for anyone to take the house because the house address isn't on the certificate of satisfaction (it is on the deed), meaning he can't prove that he owns the house free and clear.
    3) My father's will says I get the house when he dies. Will the wrong address cause any complications when the house is transferred to me?
    4) If yes to any of those, how does he (or I) get the address on the certificate of satisfaction changed?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wrong Address on Certificate of Satisfaction

    If there is a lien against the house for a debt owed to a government agency, we have no reason to believe that the agency won't eventually exercise its lien. When that might happen will depend on the omitted factual context. Your father can explore getting corrected documentation when he is able, and you may be able to do so if he grants you limited power of attorney for that purpose.

  3. #3
    Join Date
    Jan 2009
    Posts
    10

    Default Re: Wrong Address on Certificate of Satisfaction

    There's no lien. It says that the deed of trust has "been paid in full, and the lien therein created and retained is hereby released".

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Wrong Address on Certificate of Satisfaction

    If the actual house does not appear on there at all, how is it that this was recorded along with the other documents concerning this specific property? There must be something that clued you into the fact that it was for your father's house.

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