A property deed is the legal instrument buyers, and sellers use to transfer property ownership. If there is an error on the deed, it can have significant legal implications. However, there are methods for correcting errors on property deeds.
This post will cover deed errors and some homeowners’ options for correcting them.
The professionals who prepare and record deeds are generally reliable, but they are also human. Even the most skilled and deliberate of professionals make mistakes sometimes. Common deed errors include:
While you might not be worried about a deed error, it is not something you should ignore. A mistake could put the legal claim of ownership into question. It could cause problems if there is ever a challenge to your ownership. A deed error could also be a problem if there is a dispute over property boundaries.
Now that you know a little about deed errors and why they matter, let’s look at some remedies.
One of the simplest ways to correct a deed error is to file a Correction Deed. A Correction Deed is not the same type of deed as a property deed. Instead, it is an instrument property owners can use to correct errors in existing deeds. However, Correction Deeds are only applicable to simple errors. For example, a Correction Deed can amend a property deed if there is a misspelling or missing letter in your name.
An Affidavit of Correction is another type of filing you can use to correct official documents. Like a Correction Deed, an Affidavit of Correction is usually only sufficient for minor errors. In case of a deed error, the affidavit would need to describe the deed and outline the mistakes. Along with listing the errors, it must also cover the necessary corrections.
Correction Deeds and affidavits might need to be revised for some deed errors. In the cases of significant errors, you might need a new deed. In this case, you will need a real estate attorney to assist with the process. There is also the possibility that you can avoid the need for a new deed to correct significant issues. The property owner might be able to petition the court to order a correction to the deed.
Title Group of Tennessee offers a comprehensive range of title and closing services. We cover everything from title searches and insurance to escrow and notary services. Reach out now to see how we can help you with Tennessee title services.
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