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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.
A correction deed is somewhat self-explanatory: it is a deed that serves to correct and negate a mistake made between parties that have contracted an original deed agreement. The mistake can encompass minor terms of the agreement such as the misspelling of a name, or major terms such as the price of the land.
Texas Correction Deed. In Texas, a correction deed is the deed issued to make changes to an erroneous deed, referred to as the corrected deed. These two instruments are closely linked, and all corrections are effective as of the date of the original recorded instrument (Property Code Sec. 5.030).
Legal descriptions can change, too, but you must file documentation in the real property records in order for the change to take place. Most commonly, changes to legal descriptions are the result of a new survey of the subject property. Such a survey must be performed by a licensed surveyor.
Fill out the quitclaim deed form with the correct information. List all current owners of the property in the Granter space on the form, and all owners after the transfer of ownership in the Grantee section. Double-check the accuracy of the information.
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.
Locate your copy of the original quitclaim deed. Draft a new quitclaim deed, this time naming yourself as the granter and the original granter as the grantee. Duplicate the new quitclaim, so you have two copies--one for you and one for the new grantee. Meet with the grantee in person to finalize the new quitclaim deed.
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