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.
Errors can occur anywhere in the deed: in the legal description of the property or as omission of required information, such as the marital status of the grantor or grantee. The marital status of the grantor is of particular importance since, in the case of sale or mortgage of the homestead, Alabama requires that both spouses appear “before an officer authorized by law to take acknowledgements of deeds” and sign the contract, deed or mortgage (Ala. Code 6-10-3). The spouse may have an inheritance right, sometimes referred to as a dower, curtesy, or statutory share, in the real estate. The spouse usually joins in signing a contract, deed or mortgage as an acknowledgement that the marital portion is part of the conveyance. In terms of the vesting information on the deed, Alabama assumes tenancy in common without rights of survivorship for two or more owners. So the decision to hold title as joint tenants with right of survivorship must be stated explicitly in the deed.
Omissions or errors can also occur in the description of the property itself. Alabama requires a description in metes and bounds. Also, when referring to a plat, attach that plat or describe the plat book or office in which it is located. This applies to all instruments executed after July 21, 1972. If prior deed was recorded before that date and information is unavailable, the grantor or mortgagor must state explicitly “that the plat is lost, destroyed or unavailable for recording” (Ala. Code 35-4-74).
Submit deeds for recording at the office of the judge of probate in the county where the property is located.
Related Alabama Correction Deeds: