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How do I correct an error on my deed?
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.
Can a deed be wrong?
With a property conveyed for purchase, it is with little difficulty that a deed may sustain a mistake in the description in the documentation. This issue creates a defective deed and will impact the chain of title negatively. A wrong call in the metes and bounds or a lot number mistake could lead to problems.
How long does it take to correct a deed?
When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business. Even county offices sometimes fail to record deeds that were properly submitted.
How do you correct an error on a deed?
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.
What is an invalid deed?
If an individual is deemed to be mentally capable of disposing of his or her own property, the deed is ordinarily valid and would withstand objections made to it. 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.
What is the legal description on a deed?
A legal description is one that is legally sufficient to transfer describe the property. Using the most recent deed to the property is usually the best way to ensure that the current owner's interest passes to the new owner.
How do I change the legal description of my property?
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.
How do you find the legal description of a property?
You can find the legal description on the property's current or previously recorded deeds, your County Register or Recorder of Deeds Office (often online), property tax assessments, websites such as Zillow.com, your mortgage contract, or your land title.
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