A note buyer's title review catching a legal description mismatch in seller drafted documents
A case worth studying for anyone carrying paper on templates. Take a small two bed one bath sold in a low price market for 62k. Buyer puts 6k down, seller carries 56k at 9% on a 20 year schedule. Payments run perfect for 13 months, which is the annoying part of the story. The seller wants cash to fund a purchase and shops the note. Two buyers are interested and one gets as far as ordering title work. The title review kicks back because the legal description on the recorded security instrument does not match the description on the deed. The seller had copied the short abbreviated description off the county tax bill instead of pulling it from the recorded deed. The instrument got recorded anyway, which is easy to take as a sign it was fine. It was not fine, and whether that kind of mismatch can be corrected by a simple re-recording or needs something more depends on the state's rules, so an attorney has to answer it. Cost so far in a case like this. 1,400 to the attorney to prepare a corrective instrument, which the borrower has to sign. A borrower who reads the situation correctly asks what is in it for him. Landing at 8.25% instead of 9% to get the signature is about 33 a month and roughly 4,700 of interest over the remaining schedule if he goes the distance. Four months of calendar time, and both original note buyers have moved on by the time it clears. What to do differently. Pay an attorney in the state to draft the note and security instrument at the start. The template saves maybe 1,200 and costs the rate on the whole note plus the deal the cash was meant to fund.