Smith County Deed Without Warranty (Corrective) Form

A recorded deed keeps the error it was signed with until another recorded instrument corrects it. This form prepares a Texas corrective deed without warranty, also called a correction deed: an instrument that names the recorded deed being corrected, states the error and the correction, and conveys the property as corrected with no warranty of title. The grantor and the grantee of the earlier deed both sign it, which is the execution pattern Texas Property Code Section 5.029 sets for a material correction.

A deed that reaches backward

Section 5.030 gives a correction instrument an effect an ordinary deed does not have. One that complies with Section 5.028 or Section 5.029 is effective as of the effective date of the recorded original instrument, replaces and is a substitute for that instrument, and stands as prima facie evidence of the facts stated in it, presumed true and subject to rebuttal. The relation back has a boundary: Section 5.030(c) subjects the correction instrument to the interest of a creditor or a purchaser for value without notice acquired on or after the date the original was filed for record and before the correction is filed.

Both signatures on one instrument

The form recites exactly two parties, the grantor and the grantee named in the recorded original instrument, and carries a signature block and a separate acknowledgment certificate for each of them, so the two may acknowledge on different dates and before different notaries. Section 5.029(b)(1) states that a material correction instrument must be executed by each party to the recorded original instrument or, if applicable, that party's heirs, successors, or assigns, which the Texas Supreme Court read in Broadway National Bank v. Yates Energy Corp. as substitutes available when an original party is unavailable. Because execution by both parties also satisfies the lighter standard Section 5.028 sets for a clerical slip, the two-signature configuration covers a nonmaterial correction as well. A lot number transposed in the property description, a suffix or middle initial wrong in a party's name, an interest described as the whole where the parties conveyed a half: those are the errors that bring a corrective deed to the recording counter. A recorded deed signed by two grantors, or joined by a non-owner spouse, has more parties than the two this form recites, and a Section 5.028 correction prepared by a nonparty with personal knowledge carries that section's own disclosure and notice steps.

The correction, and nothing past it

Section 5.027(a) reaches an ambiguity or error in the recorded instrument, including one that relates to the description of or the extent of the interest conveyed, and in Myrad Properties, Inc. v. LaSalle Bank National Association the Texas Supreme Court held void a correction deed that purported to convey a second, separate property the original had never described. The operative section is drafted to stay inside that line: it corrects the earlier instrument only as the error-and-correction section states and conveys no property that instrument did not describe as corrected here.

No warranty, said in words

Section 5.022 confirms that a covenant of warranty is not required in a Texas conveyance, while Section 5.023 implies two covenants from the words grant and convey unless the deed expressly provides otherwise: that the grantor has not already conveyed the estate to another person, and that the estate is free from encumbrances. This deed provides otherwise in plain terms, excluding both implied covenants along with any warranty of title arising at common law or by statute, so fixing a description does not quietly add promises the corrected deed never made.

Filed in each county of the original

Section 5.029(b)(2) directs that the correction instrument be recorded in each county in which the instrument being corrected is recorded, so a tract described across a county line takes a filing in both. The document is letter size, sets every line of type at 10 point or larger under Local Government Code Section 191.007, reserves space at the top of its first page for the clerk's stamp, and carries the notice of confidentiality rights described in Property Code Section 11.008.

The package includes the blank deed as a fillable PDF, a completed example built on a Tarrant County fact pattern where a 2024 deed described Lot 15 and the parties had conveyed Lot 14, and a plain-language guide covering the correction statutes, every numbered section, signing, and recording. The materials are informational and are not legal advice.