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Certificate of Correction
Posted: Fri Aug 20, 2010 7:30 am
by JasonCamit
If a minor error on a map that was recorded 30 years ago needs to be corrected, does the original PLS/RCE need to be the one to prepare the Certificate of Correction. Or can any PLS/RCE prepare the certificate. SMA does not address this, or maybe it does and I missed it.
(Carolyn Avenue needs to be changed to Carolyn Street)
Posted: Fri Aug 20, 2010 7:39 am
by pls7809
Is someone requesting this be done? Just seems to me after 30 years and no one has corrected it, why now?
I have seen Certs of Correction done by other surveyor's to correct a map they didn't sign. One was not long ago, but I can't remember where I saw it. Don't know if it's legal, but I have seen it done.
Posted: Fri Aug 20, 2010 7:45 am
by JasonCamit
The issue is that a lending company is giving a resident grief over this error and will not fund a loan because of this. They came to the city to resolve this issue. The company that I work for is the consulting engineering firm hired by the city. Now it is in my lap to come to the quickest resolution possible before escrow closes.
Posted: Fri Aug 20, 2010 7:51 am
by pls7809
Wow. Are you kidding me? Lenders are looking at anything to deny a loan right now, so I shouldn't be too surprised. Good thing we bailed them out, right?
Is the surveyor or RCE deceased? If so, then I would just file the correction and state on there that they are deceased. If not, then I would try to contact them to determine if they are still practicing and would file it themselves, or if they would give you a letter granting permission to file it. The BPELS site should give their current status regarding their registration or license.
Posted: Fri Aug 20, 2010 8:15 am
by Anthony Maffia
This doesn't sound like and error; cities change street names all the time. The lender is looking for an excuse to back out of the loan.
Posted: Fri Aug 20, 2010 8:51 am
by JasonCamit
It was an actual error, I did confirm that.
Posted: Fri Aug 20, 2010 11:22 am
by Brian8612
As was state street names change from time to time. The local agency (usually the planning department) is requested for a new name for what ever reason. However it is totally rediculous for a lender to now say a map has to be corrected. If that's the case where does it end? Discuss this with your County Surveyor.
Posted: Sat Aug 21, 2010 4:33 pm
by E_Page
Any LS can file the CoC for this type of error.
Posted: Mon Aug 23, 2010 7:17 am
by JasonCamit
E_Page,
Thats how I read the law. What happens if the error is more significant, dimension error, boundary blunder?
Posted: Mon Aug 23, 2010 7:19 am
by pls7809
Jason,
The one that I saw was a dimension error, if I remember correctly and it was about 30 years from time of map recording to cert recording. It was a very obvious error, too.
Ryan.
Posted: Mon Aug 23, 2010 12:48 pm
by E_Page
When you start getting into the "what ifs" here, a lot can ride in the details. Can it be shown to be a simple drafting error or is it a more significant survey error of fieldwork or analysis?
Somewhere in the murky soup of "what ifs" your going to come to a point where a CoC will not suffice, and a resurvey and RS are required.