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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.
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 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.
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.
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.
Contact the other parties involved in the deed of trust. Obtain the correct deed of trust modification form from the county courthouse. Make the required changes. Sign the modification and have it notarized. File the deed of trust modification in the county courthouse in the county where the property is located.
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