Quick Answer
Listing the wrong person on a deed can have significant consequences depending on what happened, who actually owned the property, the intent of the parties, whether the deed was delivered and recorded, and whether later interests have attached. The cure may require a new or corrective deed, additional signatures, or legal action.
How Does This Happen?
There are several ways the wrong person ends up on a deed. A deed may list a person who never owned the property as the grantor. A deed may name a person who was not intended as the grantee. A deed may name an entity when an individual was intended, or vice versa.
Example
The Smith Family Trust owns a property. A deed lists "John Smith" as the grantor individually, without reference to the trust. John Smith is a trustee, but the deed does not reflect that capacity. If John signed individually, the trust may not have validly transferred the property. The deed may need to be corrected to reflect John's capacity as trustee. Learn about corrective deeds.
What Happens Next?
- Determine actual ownership: The title examiner must determine who actually owned the property at the time of the transfer.
- Review the deed as executed: Even if the deed lists the wrong person, the signatures matter. Did the correct owner sign? Did the wrong person sign?
- Assess delivery: Was the deed delivered to the intended grantee?
- Check for later interests: Has anyone else obtained rights in reliance on the recorded deed?
- Determine the curative path: Based on these factors, the necessary correction is identified.
FAQs
Can a deed listing the wrong person be corrected?
In many cases, yes. A corrective deed or other curative document may resolve the issue. If the error cannot be corrected voluntarily, a quiet title action may be needed.
Does a deed with the wrong person affect title insurance?
Yes. This type of error creates uncertainty about ownership that the title insurer must resolve before issuing a policy. Depending on the circumstances, the policy may be issued with exceptions or require curative steps.