What can the
buyer do when a real estate deed carries an incorrect legal description of the
property? Perhaps it describes the wrong parcel, or fails
to reflect all land purchased in the sale.
An error in
a legal description of a property has consequences. It can
affect taxes. As lenders extend loans based on a percentage of the
property’s appraised value, footage mistakes can sink a loan approval. If
the error is neglected, disputes can arise later, and they can become the
stuff of nightmares.
bear legal descriptions drafted using early survey methods, pre-dating GPS
measurements. Some have errors in lot descriptions that get passed unwittingly
from one owner to the next—a sort of legal time bomb waiting to take someone by
Continue reading “An Error in the Legal Description of the Deed: What Happens Now?”
In Texas, a correction deed is the deed issued to make
changes to an erroneous 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).
Continue reading “Filing a corrected deed in Texas (even if the title company has closed)”
Errors in a deed may create uncertainty about the title and cause problems when the current owner tries to transfer the property at a later point. Executing and recording a correction document is an easy way to prevent this.
Continue reading “Correcting an Error in a Recorded Real Estate Document”
In order to correct a prior deed on record, use a correction deed, which must be notarized and recorded at the same county agency as the earlier deed. The Alabama correction deed makes specific reference, by execution and recording date, as well as instrument ID or book/page number, to the earlier deed and rerecords it in its entirety. It states the type of error made and adds the corrected information in the respective section of the instrument. All parties who signed the prior deed must sign the correction deed in the presence of a notary.
Continue reading “Correcting a Recorded Real Estate Deed in Alabama with a Correction Deed”
Affidavits and Re-recorded Real Property Documents in Utah
An error in a document can be corrected in one of three ways:
Continue reading “Correcting Errors in Recorded Real Estate Documents in Utah”
- By recording an affidavit.
- By re-recording the document.
- By recording a new document.