what if attorney records deed incorrectly

If the error is so obvious that it is apparent what the deed intended to describe, the fix may be relatively simple. The attorney that prepared your deed may sign an affidavit stating that he prepared the deed and there was an error in the description and the property was intended to be described as in his affidavit.

Full Answer

What happens if a real estate deed has an incorrect description?

Re: Attorney recorded deed incorrectly 20 years ago I'm not exactly sure what the problem is from your email. Some errors can be corrected by having the original drafter re-record the document and sign a statement. Other errors need to be corrected by …

Is there a mistake on a recorded deed?

You may create a Corrective Deed to correct that legal description. To create a Corrective Deed, start with the document you have already recorded. There are three changes to convert that document to a Corrective Deed. Change 1: Add “Corrective” to the Title The first step is to change the title of the deed.

Can you correct a deed if it is not signed?

So that any mistake with a deed begins the resolution process, the included parties may need a real estate lawyer, agent and someone to research the document and paper trail. It is difficult …

How do I correct an error on a deed?

If the error is so obvious that it is apparent what the deed intended to describe, the fix may be relatively simple. The attorney that prepared your deed may sign an affidavit stating that he …

How do I correct a legal description of a deed in California?

How to Correct a DeedRe-recording of the original document. With corrections made in the body of the original document. A cover sheet detailing the changes. Must be re-signed and re-acknowledged.Correction Deed. A new deed reflecting the corrections/changes. Must meet all recording requirements of a deed.

What is reformation of a deed?

Reformation is an equitable action that seeks to have a deed reformed to reflect the intention and agreement of the parties because the deed did not accurately reflect that intention and agreement.

What is a corrective deed in Florida?

Executing a Florida corrective deeds allows you to correct any mistakes contained within the original deed. These corrections may include improper legal descriptions, or any other information that would deem the previous deed invalid.

What is the result of a break in the chain of title to a property?

What is the result of a break in the chain of title to a property? 1 - A quitclaim deed is issued.

Is reformation a cause of action?

A Standard Clause providing model language that can be used in a complaint to plead a claim for reformation of a contract under California law. This Standard Clause has integrated notes with important explanations and drafting tips.

What is rescission in real estate?

Rescission as a Remedy to Parties Where a Business or Real Estate Contract has Been Entered Into Based on Duress, Fraud or Mistake. Generally speaking, rescission is a statutory and equitable remedy which restores the parties to the condition they were in prior to execution of the agreement.

Does a deed have to be recorded to be valid in Florida?

Florida law does not require a deed to be recorded to be valid in Florida. According to Florida law, a deed is valid between two parties when executed, notarized and delivered. As a practical matter, deeds are usually recorded when executed, signed and delivered; however there may be exceptions.

How do I amend a deed in Florida?

A new deed must be filed with the local clerk of court's office in order to change the name on a Florida deed, no matter the circumstances leading to the change. Marriages and divorces are some of the most common reasons to alter a deed in Florida. A death in the family may also necessitate a name change to a deed.

What is a wild deed in Florida?

A “wild deed” is a phoney, fake document filed in the public records and used by the evildoer to cloud title to real estate as he or she claims a legal right in property belonging to someone else (usually as part of the closing procedure in a sales transaction).

What document shows legal alienation of a property?

Voluntary alienation, either as a sale or a gift, must be executed by the use of a deed to transfer title. The deed is a written document that conveys transfer of title in real estate. The statute of frauds requires that the deed be in writing.

Which of the following best defines negligent misrepresentation?

This is an unintentional misstatement or omission. Negligence is defined as the failure to use ordinary or reasonable care in a situation. So negligent misrepresentation is usually the result of an agent giving information carelessly or failing to verify a fact before passing it to the buyer.

What is bad title?

Key Takeaways. A bad title is a legal document associated with an asset that doesn't grant ownership to the entity that holds the title. Bad titles may be the result of legal issues, financial problems, or even simple clerical errors.

Correcting The Deed Before It Is Signed and Recorded

If the erroneous deed has not been signed or recorded, the mistake is easy to correct. You only need to correct the deed before it is signed and re...

What Is A Corrective Deed?

A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfe...

What Is A Scrivener’S Affidavit?

Scrivener’s Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener’s Affidavit doesn’t correct any...

Limitations of Corrective Deeds and Scrivener’S Affidavits

Note that Corrective Deeds and Scrivener’s Affidavits are used to correct problems that occurred when the original deed was prepared and recorded....

What is the final step in a corrective deed?

The final step is to add an explanation for the correction. This provides third parties with a simple statement of why the Corrective Deed is being filed. The explanation should describe the title of the prior document, information about where it was recorded, and the exact change. For example:

When was the Quitclaim Deed recorded?

The legal description in the Quitclaim Deed recorded on January 27, 2015, inaccurately stated that the Pat B. Harris Survey was recorded in Book 192 when it is actually recorded in Book 162. This statement clarifies that you are only making a correction and not changing anything that would require the involvement of others.

What are some examples of errors in execution?

Error in Execution – Examples include using the wrong form of notary acknowledgment, failure have the deed signed by all parties, or (in states like Florida) failure to have deed properly witnessed.

What is the first step in a deed change?

The first step is to change the title of the deed. This allows third parties—like title companies and lenders—to easily see that the document is being filed to correct a prior deed.

What are some examples of mistakes in real estate?

They usually fall into one of two categories: Mistake in the Deed – For example, misspellings, errors in legal descriptions, taking title in the wrong name, or using wrong form of co-ownership.

Is John Doe the same as John Doe?

This creates ambiguity in the chain of title because title examiners do not know with certainty that “John Doe” and “J. Doe” are the same person. In this situation, the person who prepared the second deed may file a Scrivener’s Affidavit stating that “J. Doe is one and the same person as John Doe.”. This helps resolve the ambiguity in the title.

Does a corrective deed create a new interest?

Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest. Say, for example, that you sign and record a deed that has a misspelling in the legal description.

What happens if a deed is incorrectly described?

When an improper legal description leads to deed issues, it is not possible to just record the information anew. Those involved are not able to just correct the description attached to the property or even add to the details after the execution happens. If the real estate agency or others connected to the deed purchase or transfer do not complete this process correctly, the courts involved may rule the legal description as insufficient. This constitutes a defective deed. Even if omissions included in the description are not correct, the deed cannot sustain a change without the appropriate procedures.

What happens if you make a deed mistake?

Any type of deed mistake could lead to utter disaster in the chain of title for real estate deals, sales and transactions for the owner or potential buyer. Unfortunately, closing a real estate sale does not stop any possible problems that may arise with the title, and it is crucial to resolve any of these issues with all due haste before the buyer loses it all.

What is the problem with a deed?

One particular error that occurs with frequency is the mistake in the legal description of the deed itself. This is a post-closing problem that could occur. With a property conveyed for purchase, it is with little difficulty that a deed may sustain a mistake in the description in the documentation. This issue creates a defective deed and will impact the chain of title negatively. A wrong call in the metes and bounds or a lot number mistake could lead to problems. When unchecked, this creates a serious issue for those involved, however, there are ways to correct this.

Can a legal description correct a defective deed?

This corrective deed then needs recording with the appropriate office. This is the only manner that the legal description may correct the defective deed. The witnesses are usually the same, but the process may have new witnesses observing the action.

Can a lawyer help with deed errors?

Legal support is available through real estate lawyers for deed mistakes. To adjust paperwork through corrective action, the owner of the property may need to consult with a lawyer to determine where the issue lies. Then, it is usually possible for a remedy to correct and resolve the matter more easily.

Do notations help in the chain of title?

While these notations are not necessary, they help in the chain of title and issues regarding these matters. Transactions related to chain of title may suffer fewer problems when notations are part of the new document.

Who to contact to resolve a deed?

So that any mistake with a deed begins the resolution process, the included parties may need a real estate lawyer, agent and someone to research the document and paper trail. It is difficult to resolve a property matter if someone else already owns the land or buildings.

What happens if you make an error in a legal description of a property?

An error in a legal description of a property has consequences. It can affect taxes . As lenders extend loans based on a percentage of the property’s appraised value, footage mistakes can sink a loan approval. If the error is neglected, disputes can arise later, and they can become the stuff of nightmares.

How to create a correction deed?

To create and record a correction deed, the preparer should obtain a copy of the current deed, and take the following steps: Step 1. Obtain your correction deed form. Download the correct form, depending on the state in which the property is located and that state’s requirements for correction deeds. Step 2. Execute the correction deed.

What is the only recourse for a deed reform?

With material errors, both parties need to be aware of the corrective action, and both must agree to the correction. Otherwise, a court order may be the only recourse. Through a deed reformation action, a court may order the clerk of the court to correct (reform) a deed and resolve the problem.

What is a cover letter for a deed?

A cover letter that states its reason, drafted by the person who prepared the previously recorded deed.

Who maintains the local rules for affidavits?

The county recorder of deeds maintains the local rules outlining everything that must be in place when submitting the Scrivener Affidavit. The affidavit must comply with local and state standards for recorded documents.

Can a material change be corrected by appending an affidavit and cover sheet?

Material changes to the description of the property cannot be corrected by appending an affidavit and cover sheet.

Can you re-record a deed in Pennsylvania?

Record the correction deed. You may be able to re-record the same document with corrections. You might need a new correction deed. Not only does state law vary; in many states, such as Pennsylvania, county laws vary, too. Whether you record or re-record, new recording fees apply.

What is a correction deed?

This is basically a redo of the original incorrect deed. Both buyer and seller must sign a newly prepared correction deed reciting the correct legal description. The correction deed will recite the recording data of the original deed that is being corrected and the error that occurred. If a correction deed is difficult to obtain, such as when the seller is deceased or uncooperative or the error has occurred repeatedly in several deeds and the necessary signatories are unknown or cannot be located, then a court order may be required.

What is a deed reformation?

Deed Reformation Action. When all efforts to correct the problem by agreement of the parties have failed , you may file an action in court known as a “deed reformation action.”. You will present the evidence before the judge showing that the problem was caused by an error in describing the property.

What is legal description?

The “legal description” portion of the deed describes the property you purchased. If there are inaccuracies in your description or it is completely incorrect, the problem may take time and effort to fix.

What happens if you buy lots 5 and 6?

If you intended to purchase Lots 5 and 6, but your deed only recites Lot 5, then you only own one of the lots you intended to purchase .

What happens if the legal description in a deed is wrong?

If a security deed’s legal description is totally incorrect (i.e. wrong plat), does the mortgagee still have the right to take possession of the property in the event the mortgagor defaults? Or does the the mortgagee only have legal rights to the property as defined in the security deed?

Answers

1) A misdescription does NOT give the lender the right to take the other property; if that were the case, anyone could essentially confiscate any property they would like to take simply by "accidentally" misdescribing the location or lot. The misdescription does not affect the rights of hte plots correct owner.

Why is it important to record a correction in a deed?

Errors in a deed may create uncertainty about the title and cause problems when the current owner tries to transfer the property at a later point . Executing and recording a correction document is an easy way to prevent this.

What to do if a grantor is not available to sign a deed?

If the original grantor is not available to sign a correction deed, an affidavit of correction or scrivener’s affidavit might be the best option.

What is corrective deed?

A corrective deed is commonly used for minor mistakes, sometimes referred to as non-material changes. Examples of those are typographical errors, such as misspelled or incomplete names, missing or wrong middle initials, and omission of marital status, spouse’s signature, or vesting information.

What is material error?

Procedures for resolving more substantive defects, sometimes called material errors, vary among states, especially when such a correction constitutes a change in the legal description or the addition or removal of a name.

Why is it important to keep records of a chain of title?

In conclusion, it is important that the records reflect the facts on the ground and contain accurate information in order to maintain a clear chain of title. Even a minor error or missing initial can call into doubt the identity of a title holder and warrant correction.

Can you amend a deed?

It is possible, however, to amend that record by adding a newly executed deed, usually called correct ion or correct ive deed, deed of correction, or deed of confirmation.

Do you need a quit claim deed?

Some states allow a corrective instrument to address these flaws, but others require a new deed of conveyance, often a quit claim deed, for material changes to a deed. Changes affecting the legal description of a property are often sensitive in nature.

What is a warranty deed?

Sorry, but I do not see any error here. A deed reserving a life estate can be called a "special warranty deed". A warranty deed is any deed that warrants title, which includes lady bird deeds. The title of the deed is really not relevant, what is important is if the actual text of the deed reserved a life estate. If it did, then there is no need to make a correction deed. Also, the clerk should have listed the remaindermen as grantees (as well as indexing the grantor's name in the grantee side too if they were doing their job correctly) because a future interest was transferred to them. The clerk does not transfer ownership by indexing, only the deed can. If the terms of the deed have the life estate reservation, then you are fine. Contact the attorney who drafted the deed and present your issues to him/her.

Can you record an affidavit of correction?

You may be able to record an "affidavit of correction," indicating this was a scrivener's error. I would have the attorney do this for you, since it was the attorney's error. I have used this procedure in the past. You will want to have the attorney contact the register of deeds to confirm this will resolve the problem. This should not be a difficult process.