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An Error in the Legal Description of the Deed One such post-closing issue that may arise is a mistake in the recorded deed. ... An erroneous legal description attached to a deed operates to cause the recorded deed to be defective, and impacts the chain of title.
In real estate, a defective and unmarketable title means that there is a serious error, omission or other complication related to the ownership of the property (also known as a title defect or cloud on title) that makes it unsuitable for sale to a reasonable buyer.
The most common types of title insurance claims include: Errors in the public record. Undiscovered liens. Omitted heirs. Fraud.
Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Original Granter(s) signature(s) obtained. Deed is re-executed. Re-acknowledgment before a notary.
Examples of clouds on title include a property's address being misspelled in a deed conveying title, a mortgage lien whose repayment hasn't been officially recorded, a deed which has been signed but hasn't been properly recorded, an easement that has not been properly recorded, unpaid property taxes, a failure to ...
If Fraud is committed by either the granter or grantee, a deed can be declared invalid. For example, a deed that is a forgery is completely ineffective.
A deed executed in blank, without designation of a grantee, is also void. ... In contrast, if the title is voidable, the granter can choose to rescind the deed against the grantee, but title may be enforced by a bona fide purchaser. For example, a deed is voidable if it was obtained by fraud in the inducement.
Elements of a Valid and Enforceable Deed Signed by the granter. Granter's signature should be notarized. There must be a granter and grantee. The granter must be legally competent to enter into legal contracts.
Validity of a Deed does not need to be filed or recorded with a government agency to be valid. The option to record a deed is a service offered by a local government, so the public has notice of the current ownership of property.
With tenants in common, every one of the owners owns a percentage interest in the property, which they can sell, transfer or will to anyone they choose. If you have four names on a deed as owners as tenants in common, each would own 25 percent of the property.
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