Incorrect Executive Claim Report

[STEPHAN]

What is the name of your state (only U.S. law)? FL

I am buying a (rental) house, that has an Executive Claim Report recorded 2011 in the court records after sinkhole repairs.

However, it was incorrectly recorded, it is the report for a different house. The geologist who did the mistake realized this now and has filed an amendment stating that this was for a different house.

I was told that this will forever be in the records for this house.

Is there a way to get this deleted or blocked?

Thanks,

Stephan

 

[FarmerJ]

Stephan Im curious , whose records would that be ? insurance companies , something tied to the title ? would this negatively impact your ability to find someone to insure the home or would it harm the ability of anyone else in the future getting a loan ? (if its recorded to the title I would imagine that if its in error you should be able to get the county to correct the mistake they made ( since they could have compared address of the document (s) to the address of the property they recorded it to) what I asked may not really help but Im curious and tired ( just in from my overnight shift ) and sort of thought that maybe the county can correct this fairly easy. gnight lol

 

[STEPHAN]

It is recorded in the court records. Aparently every time you use insurance on a sinkhole this gets filed.

Yes, it makes insurence much more complicated - if it was right. However the insurances have their own database and do not go by the court records.

But potentially a future buyer could see it and get scarred.

The will only correct it by filing an amendment.


So, my legal question is: Is there a way to get it deleted or blocked from the court records? I called the court, but they can not answer the question.

 

[FarmerJ]

For the H of it Im wondering if your own insurance company can tell you what they would do to remove one of those reports that were in error ? ( so you can apply same process to this )

 

[STEPHAN]

They have nothing to do with the court records, they said. They do not use them.

 

[OK-LL]

I suspect you actually mean it was recorded in the county records. There would be no court case to record such a document in. The amendment which will be filed to correct the error is sufficient to correct the record and when a buyer has a record search done, the amendment will negate the original report and the buyer will likely not even be aware of either document -- the title attorney will not address it because it was addressed in the record as an error.

 

[STEPHAN]

Yes it was recorded in the county records.

So, there is no way and no need to get it blocked or deleted?



(Just to clarify: The seller was Fannie Mae. They could not get the property sold, as they wanted to have an addendum signed about the sinkhole activity. We found that this house never had a problem and that the report was incorrectly filed. We bought the house at a discount and are now removing the report. The geologist confirmed the mistake. we will renovate and rent it out.)

 

[OK-LL]

That is correct. There is no way to unrecord a document once it has been recorded into the county clerk's records. And so long as there is a subsequent document recorded which identifies the error and corrects/modifies the original document, that corrective document effectively nullifies the erroneous document. It's not uncommon to find erroneous documents later corrected in a chain of title and the folks who work in that field (title attorneys, closing companies, etc.) understand the effect of the corrective documents.

 

[STEPHAN]

Update: An amendment was field. I simply says: The original report was filed in error. There was never any sinkhole work done.

I checked with two title companies and they both confirm that this is the correct way to do it.


We have this house under contract and will close on Thursday.

I am happy about the nice discount.