Scott Depot, WV asked in Real Estate Law, Civil Rights, Legal Malpractice and White Collar Crime for West Virginia

Q: Is it legal for a attorney to rewrite and record deeds changing the description in the process of doing a deed of trust?

Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the property within a deed, such as altering boundary lines or the size of the property, typically require a legal basis, such as a new survey, agreement between all parties involved, or a court order. The process should be transparent, with all changes clearly communicated and agreed upon by the property owner.

If an attorney representing a bank during a refinancing process has altered the description of your property without a clear legal basis or without your consent, this could potentially raise legal and ethical issues. The accuracy of property descriptions in deeds is crucial, as they define the extent of the property being bought, sold, or refinanced. Any discrepancies or unauthorized changes could affect your property rights and might lead to disputes.

In such situations, it's advisable to seek independent legal advice to review the changes made and assess their legality and impact on your property rights. A lawyer can help you understand your options, which may include contesting the changes or seeking rectification of the deed. If the changes were made erroneously or without proper authorization, legal action might be necessary to correct the deed and ensure your property rights are protected.

D. Michael Burke agrees with this answer

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