Case Study: Missing Interest

A purchaser bought her property in 2004.  During a 2016 refinance, it was discovered a missing interest in the chain of title had not signed the original vesting deed. The seller had added his spouse to the title after contracting to sell the property. The spousal deed was recorded in the gap period between the title rundown and the recording of the deed to the current owner. Ironically, the wife signed the deed as an Attorney-in-Fact for the husband, but never signed in her individual capacity. The seller and his wife have since divorced and due to unknown reasons, the wife was not easy to locate. The title insurer indemnified the refinancing title so the refinance could close and stepped in and filed a quiet title action to rectify the missing interest transfer.