Just discovered the house is not in my name?!

[SageStreet]

It appears as though the escrow company made a mistake and didnt record the GD or had the wrong info on it. When I went to pull 'title', the property profile shows that the house is still in the builder's name and not in my name. I bought the house in June 2007. Of course, the loan is in my name. Any chance this 'glitch' will help with my loan modification efforts? I am assuming it will make things 'interesting' for the lender if they end up forclosing on the property, as it is not showing in my name.......

[cactus77727]

Oh wouldn't that be great if the house was never yours. And you just sneak out, with no one the wiser!! If they ask, just say "I don't know what you're talking about. House? What house?"
Probably not that simple, but I would love it if you got away with it. Let us know what happens!!!

[The Professor]

Which state and county are you located in? I suggest that because it is more likely that your source (perhaps a title company or the county recorder's office, didn't label the filing correctly so it did not appear in the chain of title. With that information I can probably locate a website where you can enter your name (assuming the recorder's office utilizes a grantor/grantee index) and you can confirm whether the deed was in fact recorded.

Daniel

[SageStreet]

Thanks Professor. I am located in Riverside County, California. I had a title officer pull the info. Again, I think that the GD was probably not recorded, or recorded w/ the wrong legal description. I was just wondering how the lender would react if the property - technically - was not in my name, but still in the builders. I know it is a long shot. LOL But, I'm open to trying anything at this point.

[The Professor]

The title officer pulls documentation from their title plant, which is based upon a "lot book" searching format. The recorder utilizes a grantor/grantee index. The difference is that grantor/grantee indexes are filed by name as opposed to property. I encourage you to look at the grantor/grantee index. It is available "online" by pointing your browser to:

Services • Passports • Riverside County Assessor-County Clerk-Recorder

If you find a deed recorded about the same time as you purchased your home, write down the reference document number and order it from the title officer you talked to. If it has an incorrect legal description, it would be in your interest to get the problem fixed. I'd much rather owe a secured debt here in California than an unsecured debt, given the potential non-recourse nature of a secured debt under CCP Section 580b. If it has a correct legal description, then the fault rests with the title company's plant.

Daniel