Title issues may require a claim on the policy

my home, and when I received the warrant deed I discovered that the wrong deed had been recorded. A new deed was drawn up but the clerk from the title company filed the old deed again. Because of this error, I am only entitled to partial homestead on the home.

The County Clerk’s office has not been helpful. In fact, I was given wrong information and had to pay another recording fee. Even this did not change the situation and the assessor’s office will not approve this re-recorded document. The title company is now out of business and the attorney that performed the closing wants nothing to do with this.

What should I do?

A: How unfortunate that the fix wasn’t taken care of when you noticed the error. If you have the original corrected deed, you might be able to record that document. However, based on what you have told us, you may need some help.

First of all, you probably closed your deal with a closing attorney or settlement agent. If they made the mistake, they should fix it. While the title company is now out of business, it may be likely that the underwriter title company is still in business. Take out the title insurance policy you received from the closing on your home and see if it tells you the name of the actual company that issued or underwrote the policy.

You might see something along the lines of XYZ Title Company as agent for some larger national title insurance company. That national title insurance company may have an obligation to you under the title insurance policy or by virtue of having one of their agents close the deal for you.

You might have to make a claim under the policy and contact the title insurance company to correct the issue. We hope that you received a title insurance policy when you purchased the home. The policy would be an “owner’s” title insurance policy, and not a “lender’s.” On the policy, you should see information on who to contact in case you have a claim on the policy. If you are able to get through to them, they may encourage you to not make a claim and put you in touch with someone local that is now working for them to assist you.

We’re hoping the title com- pany will be honorable and fix the mistake. If they don’t, you can talk to a real estate attorney in your area and see if he or she can suggest what process you can take to fix the issue at this point. Usually, if you have the proper documents, you shouldn’t have too much trouble. The key issue is making sure that you have all the other documents that the local recording office might need.

So look for the title insurance company that underwrote your title policy or check with a local real estate attorney for next steps. Good luck.