A deed is a written instrument which conveys an interest in real property from a grantor to a grantee. The deed a grantor uses to convey the property varies depending on the type of transfer being made and the warranties being conveyed therewith. The most common types of deeds are:
Because deeds are drafted by humans, they sometimes contain errors. If an error in a deed is not corrected it could have a legal and financial impact for the grantor, the grantee, and the attorney who drafted the deed. Oftentimes, an error in a deed may not be discovered until a property owner is attempting to refinance or sell. Some of the most common errors which appear in deeds are:
If an error in a deed is discovered before it is recorded, the grantor may be required to sign a corrected version of the deed. In most instances, the closing attorney or title company will contact the grantor and schedule a time for him to come in and sign the corrected deed.
If a deed has already been recorded when the error is discovered, depending on the nature of the error, the grantor will be required to sign a “corrective deed”. The corrective deed must reference the recording information for the original deed and must state the nature of the correction being made.
In a case where the deed was recorded without a legal description, the attorney will simply attach the legal description as an exhibit and have the deed re-recorded. The attorney must insert a recital on the deed which states that it is being re-recorded to add the legal description.
If the grantor is unavailable or refuses to sign a corrective deed, the attorney may execute and record a scrivener’s affidavit. A scrivener’s affidavit must include certain information, including:
Experienced real estate attorneys routinely draft deeds and are trained to closely proof read them to avoid errors. If you learn that a deed has an error, you should contact the real estate attorney who drafted it so that he can work with you to correct it.