Rest assured that a title is not defective because of a minor variation in the spelling of a name. If you feel very uneasy about the situation, you can request that the attorney who drafted the deed record a title affidavit pursuant to Mass. General Laws Chapter 183, s. 5B to help clarify the chain of title for the property.
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If everyone will agree, the simplest way is often to record a "confirmatory deed" correcting the error (the attorney should pay for it) and/or to record an affidavit.
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I agree with my colleagues. Although the deed could have been prepared by the seller's attorney, it is your attorney's job to make sure that it is accurate. In this case, the deed is not perfect, but your wife definitely still has title to the property. I would also check and make sure that both of your names are correct on the mortgage.
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Normally an a/k/a is not a problem on a deed. Your attorney can either record a confirmatory deed, or you can both deed the property into just your names, or perhaps you can just leave it. If it really troubles you, you should consult with your attorney to see if he or she is willing to assist you remove the third name.
This information is not intended to be legal advice and does not create an attorney-client privilege or relationship between Anjali Gupta Stevenson Law Office, LLC and the reader. This information is for general purposes.Ask a similar question