Lowell Deeds

The latest on real estate recordings and new technology from the Middlesex North Registry of Deeds in Lowell

May 23, 2008

A Title Problem

by @ 1:46 pm. Filed under Indexing

A local attorney discovered a tricky title issue today that shows up on a mortgage recorded in Book 21582, Page 1. The property involved is at 16 Congress Street in Dracut and the current owner is Empire Property Management Corp which bought the property from the town of Dracut back in 2002. The mortgage in question (from 2007) gets the parties mixed up. In the granting clause, it says “White Fox Development (the lender) grants to Empire Property Management Corporation (the property owner) with mortgage covenants . . .” While the correct property owner did sign the mortgage, when we enter indexing data into our database, we use the identities and spellings set out in the granting clause so we indexed this one with Empire as the grantee and White Fox as the grantor. If we noticed the discrepancy between the granting clause and the signature on the mortgage, we may have entered Empire twice, once as grantor and once as grantee. But our checklist requires us to ensure the document is signed, not to match signatures with the names in the granting clause. Now that we’ve learned of the discrepancy, we’ve added Empire’s name a second time with a “grantor” annotation and have made a marginal reference to the deed. Hopefully, the someone with the authority to do so will record a Scrivener’s Error Affidavit to clarify the record.

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