In 2003, I entered into a Deed of Trust with another party, where I was the lender. The document has an omission of marital status for the d...

Question

In 2003, I entered into a Deed of Trust with another party, where I was the lender. The document has an omission of marital status for the debtor. However, the debtor obtained a first mortgage on this property at the time our Deed of Trust was entered into. His mortgage filings show his marital status.

The debtor is now deceased and another party is attempting to obtain Quiet Title, deeming my DOT as invalid due to the simple omission.

The question I have is:

If the DOT is deemed invalid, who was the authority to do so and if granted, is the document invalid for all or just the parties listed. Meaning, I personally knew the debtor, who was single, and do not have any issue with the simple omission. Can a third party, except for a Judge, deem this complete document invalid for every intent and purposes.

Thank you for your valuable time.

Answer

You need to obtain counsel to represent your interests in the quiet title action. Since the debtor was single, and assuming you filed the dot with the County, you should prevail.

Good luck