Delaware Sample Letter with Corrected Warranty Deed
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How to fill out Sample Letter With Corrected Warranty Deed?
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FAQ
In order for a deed to be valid and enforceable, it must be in writing; describe with specificity the property conveyed; specify the names of the grantor and grantee; be signed; be sealed; be acknowledged; and be delivered.
Once a deed is recorded it cannot be changed. We recommend you consult a real estate attorney or title company to prepare a new deed. If a married couple held the property jointly as tenants by entireties and one spouse dies, it is not necessary to remove that spouse's name from the deed.
Delaware taxes real estate transfers at 4% of the purchase price for the property being transferred. However, Delaware law has a provision that allows for the county where the property being sold to levy a real estate transfer tax of 1.5%.
Minor mistakes like misspelled or incomplete names and omission of marital status may be fixed with a corrective deed or scrivener's affidavit.
To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. Once a deed is recorded it cannot be changed.
A Corrective Deed is used to fix/correct an error on a California deed which has already been recorded. This type of deed does not create a new interest. The Corrective Deed will correct the deed document on the earlier transfer of interest.
Laws & Requirements Recording Requirements: Delaware Code Title 9, Chapter 96: Delaware has three districts to record quitclaim deeds, and fees vary by county: Fees in Kent County start at $36.00/document, $10.00/page, and $5.00/tax parcel number. Fees in New Castle County are $13.00/page and $3.00/parcel description.
What is a Scrivener's Affidavit? Scrivener's Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener's Affidavit doesn't correct anything. Instead, it simply adds information to the property records to help clarify something about the prior deed.
