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Arkansas Correction Deed Form |
In Arkansas, use a correction deed to amend a previously recorded deed that contains a minor error.
A corrective deed explains and corrects an error in a prior instrument; as such, it passes no title, but only reiterates and confirms the prior conveyance. It must be executed from the original grantor to the original grantee, and it needs to be recorded in order to be legally valid.
The correction deed must reference the original conveyance it is correcting by type of error, date of execution and recording, as well as by recording number and location. Beyond that, it mostly restates the information given in the prior deed, thus confirming the original transfer of title. The prior deed remains on record and will usually receive a cross reference to the newly recorded document.
Deeds of correction are most appropriate for minor errors and omissions in the original deed, such as misspelled names, omission of marital status, or typos in the legal description. More substantial changes, such as adding a name to the title, changing the vesting information or legal description of the property, may require a new deed of conveyance instead of a correction deed.
Correction deeds are exempt from deed recording fee, often referred to as documentary or deed stamps, pursuant to Arkansas statutes, A.C.A. § 26-60-102 (3), which exempts “instruments solely for the purpose of correcting or replacing an instrument that has been previously recorded with full payment of the tax having been paid at the time of the previous recordation.” This exemption must be stated in a statement on the deed itself, signed by the grantee or his agent. See A.C.A. § 26-60-110 (2). |
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