Trustees must often deal with deeds, which is a legal document that assigns ownership of a property to a particular person, called the grantee. Your revocable living trust can hold real estate, but it requires a legal transfer of ownership of the property from your, the grantor to the trust, the grantee, before it can do so. If you have prepared a deed but later notice an error, you may be able to file a correction deed to fix the mistake and update the public record. Learn more about deed correction, when you may need to use a correction deed, and how to draft a correction deed.
Why Is Accuracy Important in a Deed?
Deeds are public records that record important details about real property. Deeds can convey important information about real estate, such as whether the property has liens from back taxes or a mortgage, who the current and former property owners are, and the warranties that a grantor makes when transferring the property to a grantee.
Deeds are recorded in the office of the county clerk in the county where the property is located. The information on a deed must be accurate so that the official books can trace information about the real estate.
Additionally, a title company may not offer title insurance if it cannot accurately trace a clear chain of title.
What Information Needs to Be Included on a Deed?
The information that needs to be included on a deed can vary, based on the type of deed involved and state law. For example, a quitclaim deed that was used as part of the foreclosure process may provide basic information such as the legal description of the property, the name and address of the grantor and grantee, and a notary acknowledgment.
A warranty deed may include additional information such as that the grantor has a legal property interest in the real estate and the right to convey title to the property, and that the property has no encumbrances against it (such as outstanding liens). The grantee and the grantee’s heirs will be able to enjoy the property without being interrupted by another person’s claim of superior title to the property due to the grantor’s guarantee that they will defend the property’s title.
Common Causes of Deed Corrections
Some of the common mistakes that may appear on property deeds include:
- Misspellings
- Mistakes in the property description
- The wrong term used to describe someone, such as grantor or grantee
- Inaccurate information regarding the property address
- Errors related to co-ownership of the property
- Failing to include information about marital status or a spouse’s rights, such as in certain states that use dower and curtesy
- Execution deeds
- Missing signature
- Wrong form of notary acknowledgment
- Wrong title used, such as singing in the trustee’s name but not stating they were signing in the capacity as a trustee
How Can I Correct a Deed?
There may be different ways to correct a deed, depending on the circumstances. Deed correction options may include:
Correcting the Original Deed
If the original instrument has not yet been recorded, you can correct the error in your deed, print out a new deed, and file the corrected deed in the office of the county recorder.
Making a New Deed
If the original instrument has not been recorded, you could also start from scratch and make a new deed before filing it with the county recorder.
If the deed has been recorded in the county clerk’s office, you may be able to revoke the original deed you previously prepared and then file a new deed. This may be possible if you have not transferred a property interest yet, such as in the case of a lady bird deed in which the transfer of ownership does not occur until after your death.
Preparing a Scrivener’s Affidavit
A scrivener’s affidavit is a written statement by the person who prepared the deed regarding mistakes that are made in the instrument. A scrivener’s affidavit may be used if there are technical defects, minor mistakes, or factual inaccuracies that can cure these mistakes. For example, the deed may fail to state the marital status of a grantor. The scrivener’s affidavit can explain this mistake and correct it. In this way, a scrivener’s affidavit supplements the information in the property deed.
Scrivener’s affidavits are most often used to correct a typographical error, such as one in the legal description of the property. Generally, a scrivener’s affidavit cannot correct the original deed if it uses the wrong name for the grantee. The scrivener’s affidavit must be signed in front of a notary public and filed with the recording office.
Using a Deed Correction
If the situation involves a recorded deed, a specific correction instrument may need to be used. For example, many states permit the use of a correction deed, which is a correction instrument that states the problems with the original deed and corrects them. The correction instrument is filed along with the recorded document. You can check with your county clerk to find out if there is a specific correction deed form or other legal forms it requires for this purpose.
If you’re not sure which method is right for your situation, you can seek legal advice from a probate or real estate attorney. Failing to correct a deed could cause a delay in the transfer of ownership or the probate process. The options available to you may depend on your state law, as well as whether material errors were made that require material changes to the property deed, or if there are only minor errors on the original instrument.
When Is a Correction Deed Needed?
A correction deed, corrective deed, or confirmatory deed may be necessary to fix errors on a recorded deed. Property owners may be able to use this special type of deed if they have common errors such as misspellings, missing information, or incomplete names (such as leaving off LLC at the end of a company’s name).
Typically, correction deeds are only used to correct minor errors on the deed. A correction deed may be appropriate when you need to make nonmaterial corrections. However, states can vary in their interpretation of what minor errors are. Some states may require you file a new deed if you are changing the legal description of the property, you need to change the spelling of a grantee or grantor, or you are changing the warranties described in the recorded deed.
Some jurisdictions may allow property owners to correct execution deeds, such as if all of the original parties did not sign the recorded deed or there was an issue in acknowledging the deed. To find out the rules in your state, contact an experienced lawyer or your local county recorder’s office.
How to Make a Correction Deed
You can request a correction deed form from your local property recording office. The county recorder’s office may even provide a guide on how to prepare the form.
Correction instruments can vary by state. However, they generally include a section for you to describe the mistake in the original deed and how it should be corrected. For example, if you misspelled the name of Green County in the property deed and it is really Greene County, you would indicate that the proper spelling is Greene. Some correction instruments require you to briefly explain why you are modifying the deed.
You will also want to include all identifying information about the original deed you recorded, such as the date it was recorded, the document number, and how the title was transferred. You will also want to attach a copy of the recorded deed to your correction deed for reference.
Takeaway
If there is a minor mistake on a deed, you may be able to use a correction deed or other correction instrument to fix the mistake. However, you may be able to avoid this by carefully reviewing your deed before recording it and/or working with a law firm that can prepare a deed for you.