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FAQ

A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.

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. Obtain the original signature(s) of the Grantor(s). Re-execute the deed with proper notarization and witnessing.

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.

2 attorney answersYou can correct a document that you haven't submitted to the court yet if you made a mistake. It would be better just to reprint the page that you need to fix with the corrections then using whiteout.

A corrective affidavit is a statutory device under Cal.Gov. Code 27201, used to correct a minor error in a document that has been recorded at an earlier date. Minor errors are those that, when corrected, cause no actual change in the substance of the document.

Rectification is a discretionary remedy and will only be granted if the Court is satisfied, by clear and convincing evidence, that the parties held the necessary intention at the time of executing the document (and were not then aware that the document failed to record that intention).

A correction deed confirms the covenants and warranties of the prior deed. It needs to refer to that instrument by indicating its execution and recording date, the place of recording, and the number under which the document is filed. It also must identify the error or errors by type before supplying a correction.

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.

A correction deed is a new deed signed and acknowledged by the grantor. A correction affidavit can be signed by either party but is used in limited situations. This press release was authorized by Mark W. Bidwell, an attorney licensed in California.

Affadavit Of Correction

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