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The statute contemplates three types of scrivener's errors: (1) An error or omission in no more than one of the lot or block identifications of a recorded platted lot; (2) An error or omission in no more than one of the unit, building, or phase identifications of a condominium or cooperative unit; or.
Forgeryand fraud A forged deed is void under Florida law and is a third-degree felony. The term covers the fraudulent production of a legal document or making alterations to a legal document which may render it void. These forged documents can make their way into public records and be treated like legitimate documents.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
Quit claim deeds are legal documents used to transfer ownership, in whole or in part, from one person to another. Unlike other types of deeds, they do not provide warranties or protections that the interest being transferred is clear, marketable or even legally owned by the party purporting to transfer it.
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. The new instrument is recorded in the public record.
The grantor in the first deed to contain the scrivener's error (?First Erroneous Deed?) cannot have owned any other property in the same subdivision, condominium, co-op, or the same section, township and range as described in the First Erroneous Deed within five years prior to the recording date of the First Erroneous ...
Provide a real estate attorney with the prior deed and/or legal description of the property. Once the attorney prepares the new deed, the current owner or party who is updating their interest in the property signs the new Deed in the presence of two witnesses and then has their signature notarized.
In other words, if your name is on the deed, you are tenants-by-the-entireties, and if one of you dies, the other owns the property entirely. If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die.
Under Florida law, an unrecorded deed that is notarized and delivered, will be valid as between the parties (the grantor and grantee). However, as far as creditors or purchasers, an unrecorded deed is void because there was no notice of the transaction.