Expert: Jessica Bryan - 2/2/2009

Question
Is it the closing attorney's responsibility to ensure that the description in the Warranty Deed is correct? I have encountered a huge problem where the property description in the warranty deed is not correct. This led to the bank not paying taxes on the correct property, which led to tax issues. The attorney generated the closing documents, which I then signed. Which of us is responsible? Or is the bank responsible? Thank you for your assistance.

Answer
Dear Mike;
It is the closing attorney's responsibility to check the information on the warranty deed but it is not their liability if there is a problem.  The attorney clearly made an error but since you signed and therefore accepted everything it is your responsibility.  

I have often found small errors in the closing documents which I then pointed out to the attorney or to the paralegal before my client signed.  Unless you had no way of knowing or checking the facts on the document it is always important to review everything.  Let me use an example: what if the closing document had your name wrong?  Wouldn't you correct it before signing?  If you didn't, and a problem arose, who would be responsible?  Certainly the attorney shares the responsibility but ultimately it is your problem.

I do think that calling the attorney to discuss the issue and obtaining their assistance in clearing the matter up is important.  The attorney should take some responsibility in this.  However, the most important thing is to get to the heart of the matter.  Who provided the incorrect information to begin with?  Was it the title insurance company?  Was it the listing agent?  Was it the attorney?  Whoever made the error should share in rectifying the error.

Best wishes and good luck.

Jessica Bryan