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Q&A: Will a deed problem hold up my sale?



Q: I've been waiting for one year to sell my house and join my husband who is out of state. The contract is close to being signed, and the real estate agent noticed after pulling up the deed that my name is mispelled. Will this be a problem?

A: This should not be a problem, says attorney Bruce Migatz of Albanese & Albanese LLP in Garden City.

"An affidavit can be delivered at the closing from your lawyer explaining the spelling error," he says. "The affidavit, coupled with the standard representation in your deed, will be given to the buyer to verify that you are the same person on the deed. This should satisfy the buyer, his lawyer and the buyer's title insurance company and allow you to go ahead with the purchase. A correction deed can only be obtained from the prior owner who conveyed title to the present owner, and mispelled her name. That could be difficult and it's unnecessary."

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