For example, if there is a misspelled name in the initial deed, a new deed should state the correct spelling of the name. Or, if an acreage amount is incorrect in the initial deed, the correction deed should state the correct acreage amount.
Once the correction deed is signed and notarized, it should be recorded in the same office where the initial deed was recorded. After recording, a new deed becomes a legal part of the initial deed.
This article is for informational purposes only and is not legal advice. For legal advice, please consult with a real estate lawyer.
There could be different reasons why someone would want to use a correction deed.
Some common reasons include:
To fix an error in the initial deed – such as a typographical error, incorrect legal description, or wrong names.
To add something that was left out of the initial deed – such as a parcel ID number or other details of the legal description of the property.
To make changes to the terms of the initial deed – such as changing the type of ownership from joint tenants to tenants in common.
If you are unsure whether you need a new deed or not, it is best to consult with a qualified real estate attorney who can review your initial deed and advise you on the best course of action.
Every deed of correction has to include the following information:
Step 1 – Heading
At the top of the page, there should be a heading that includes the names of both parties involved in signing this document as well as their mailing addresses and telephone numbers.
Step 2 – Reference to Original Deed
After the heading, there needs to be a reference to the initial deed that a new deed is changing. The statement should mention the date of recording, book number, and page number where it can be found.
Step 3 – Body of Document
The main body of the document will list what needs to be changed on the initial deed. This could be something as simple as a misspelled word or an incorrect date or, more meticulous as a legal description of the property.
Step 4 – The Signatures
After the changes have been made, both parties will need to sign the corrective deed in front of a notary public.
Step 5 – Notarize It
The last step is to have a new deed notarized by a licensed notary public.
Step 6 – Record It
The final step is to file the correction deed at the office where the original deed was recorded. You will need to pay a recording fee when you submit it. After it has been filed, the corrective deed becomes part of the original document.
Can I prepare my own correction deed?
Yes, you can prepare your own correction deed as long as you have a copy of the initial deed. However, it is always a good idea to have an attorney review the document before you file it.
Do I need to sign the correction deed in front of a notary public?
Yes, you will need to sign the new deed in front of a notary public.
How much does it cost to file a correction deed?
The cost to file a new deed varies from state to state. However, it typically costs around $25 to $50.
When should I record a correction deed?
You should record a new deed as soon as possible after you discover the error on the initial.
If you have decided that you need a corrective deed, there are a few things that you will need to do in order to prepare one.
First, you will need to obtain a copy of your initial deed. You can get this from the county recorder’s office where the deed was recorded.
Next, you will need to prepare a new deed. The deed should state that it is a “corrective deed” and should reference the book and page number of the initial deed.
The corrective deed should then state what changes are being made to the initial deed. For example, if there is a misspelled name in the original deed, a new deed should state the correct spelling of the name. Or, if an acreage amount is incorrect in the original deed, the corrective deed should state the correct acreage amount.
Once a new deed is prepared, it must be signed by both the grantor and the grantee. The deed should then be notarized by a notary public.
After the deed is notarized, it should be recorded in the same office where the initial deed was recorded. After recording, the correction deed becomes a legal part of the original deed.
It is important to note that corrective deeds are not the same as scrivener’s deeds, which are typically used to correct errors in legal documents. While both types of deeds involve rectifying a mistake, scrivener’s deeds are usually drawn up by a real estate lawyer and are therefore more formal in nature. Corrective deeds, on the other hand, can be carried out by anyone and do not need to be formally recorded.
There are a few benefits to recording correction deeds, even though it may seem like extra work.
First, it ensures that the correct information is on record. This can be important if there is ever any question about what was included in the original deed.
Second, recording a correction deed can help avoid any legal issues that could arise from having incorrect information in the initial deed, such as errors in the property’s legal description.
Finally, recording a new deed gives both parties peace of mind knowing that the situation has been resolved and that the correct information is on record.
Once you have prepared and signed your correction deed, you will need to record it in the same office where the initial deed was recorded.
In order to do this, you will need to take the following steps:
Obtain a copy of your initial deed from the county recorder’s office.
Prepare the correction deed, making sure to reference the book and page number of the original deed.
Sign the correction deed in front of a notary public.
File the corrective deed at the county recorder’s office, along with the initial deed and the filing fee.
After you have recorded the correction deed, it becomes a legal part of the initial deed.