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What to do when needing to re-record a deed because of error in legal description, but trustee has changed?

San Francisco, CA |

A deed was recorded for a property back in 2012. The transfer was to a trust. We reviewed the deed and the person that prepared it made an error in the legal description. The County Recorder told us that we can re-record the deed. However, the trustee has changed since then. Do we change the trustee name on the new Deed or do we record the Deed with the same old trustee name and other info with the exception of the correction in the legal description on the previously recorded deed and record a separate document regarding the change of trustee? If so, which is the correct document to show a change in trustee and which document should be recorded first? The change in trustee or the Deed?

Attorney Answers 3

Posted

I would have the Grantor sign a correction deed making the correction to the legal description and the revision of the trustee. I would insert an explanation as to the two reasons the deed is being corrected.

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Posted

I agree with attorney Smith, she has provided you with a simple, yet complete, response.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

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Posted

You can also file an Affidavit of Change of Trustee to document the change of the trustee.

Here's a sample from the San Bernardino County website
http://www.sbcounty.gov/arc/_pdf/Aff_of_Change_of_Trustee.pdf

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