Virginia Warranty Deed for Correction
Understanding this form
The Warranty Deed for Correction is a legal document used in the State of Virginia to address and rectify mutual mistakes found in an original deed. This form ensures that the intended party receives proper ownership of the property by correcting any inaccuracies without needing a completely new deed. It is specifically distinct from standard warranty deeds as it serves solely for correction purposes, rather than new transfers of ownership.
Form components explained
- Identification of grantors and grantee
- Description of property affected by the original deed
- Recital of the original deed and acknowledgment of the correction
- Signature lines for grantors
- Date of execution
When to use this document
This form should be used when there has been a mutual mistake in a deed that requires correction. Common situations include errors in property descriptions, inaccuracies in names, or incorrect dates that need to be amended for the deed to accurately reflect the parties' intentions. Utilizing this form helps preserve the integrity of property records and ensures clear title for the grantee.
Who this form is for
This form is intended for:
- Property owners or grantors who have identified errors in their previously executed deeds
- Grantees who require an accurate representation of ownership details
- Individuals or entities involved in real estate transactions within Virginia
How to prepare this document
- Identify and clearly state the names of the grantors (those making the correction) and the grantee (the person receiving ownership).
- Specify the property being corrected, including accurate legal descriptions.
- Acknowledge the original deed by entering its details in the designated section.
- Have all grantors sign the form in the presence of a notary if required.
- Provide the date of execution and ensure the document is filed with the appropriate county recorder's office.
Notarization requirements for this form
This form does not typically require notarization unless specified by local law. However, getting it notarized can add a level of formality and ensure the document's acceptance in legal contexts.
Common mistakes
- Failing to accurately identify the grantors and grantee.
- Not including a complete legal description of the property.
- Neglecting to reference the original deed properly.
- Overlooking required signatures or dates.
Why complete this form online
- Convenient access to legal documents from anywhere, saving time and travel.
- Editable formats available, allowing users to fill in their information easily.
- Documents are prepared based on up-to-date legal standards, ensuring reliability.
Form popularity
FAQ
Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.
Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Original Grantor(s) signature(s) obtained. Deed is re-executed. Re-acknowledgment before a notary.
The only way to change a recorded deed is to have a new deed prepared and recorded in the Clerk's Land Records Office. The deed on record cannot be changed. Once a document is recorded, it cannot be changed.
Draw line through entry (thin pen line). Make sure that the inaccurate information is still legible. Initial and date the entry. State the reason for the error (i.e. in the margin or above the note if room). Document the correct information.
In order to make the Warranty Deed legally binding, the Seller needs to sign it front of a notary public. Then signed and notarized deed must be filed at the city or county office for recording property documents. Before filing with this office all previously billed property taxes must be paid in full.
It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating
A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.
Re-recording of the original document. With corrections made in the body of the original document. A cover sheet detailing the changes. Must be re-signed and re-acknowledged. Correction Deed. A new deed reflecting the corrections/changes. Must meet all recording requirements of a deed.
Let's start with the definition of a deed: DEED: A written instrument by which one party, the Grantor, conveys the title of ownership in property to another party, the Grantee. A Warranty Deed contains promises, called covenants, that the Grantor makes to the Grantee.
