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Updated 13 days ago on . Most recent reply
Name on deed
I am working to create a trust and put in it both my home and my investment properties. In trying to carry out this project, I have encountered a problem I was not expecting. I bought my home in 1998 under my (then) married name, Sylvia Asturias. About twelve years ago I changed everything back to my maiden name, Sylvia Castellanos with the exception of the deed to my house. I assumed this would be an easy fix that would just involve a trip to the office of the Recorder of Deeds with my documents making the change in the name. Well, I just called the office of the Recorder of Deeds and they said not at all. They said I had to hire a lawyer to create a new deed and convey it to them. Are they for real? It is such a trivial change. Is there a way I can change it myself without paying a lawyer?
My basic question is: Can I transfer a property in the name of Sylvia Asturias (perhaps Sylvia Castellanos Asturias, I need to see how the deed is worded) to the Sylvia Castellanos Living Trust? Or does my home need to be changed to Sylvia Castellanos before I can transfer it?
Most Popular Reply
#1 Legal & Legislation Contributor
It can potentially create a cloud on title if you deed it directly from the old deed into the trust, which can cause issues with title insurance. Generally, to avoid a cloud, you can file a corrective deed, which is a deed that serves to provide public notice of the name change, but indicating that the two names are one-in-the same person. Then, you can record the deed into the trust. This can clean up the chain of title. While you're not legally required to hire an attorney to prepare the corrective deed, it is a bit different than your typical deed, so if not using an attorney you may need to find a local title company that can help prepare it.