Florida Scrivener's Error in Deed refers to a legal concept in which mistakes or errors occur during the drafting, recording, or execution of a real estate deed in the state of Florida. These errors can range from typographical errors, misspellings, omissions, incorrect legal descriptions, or inaccurate names of parties involved. When a Scrivener's Error in Deed is discovered, it may lead to complications and difficulties in verifying property ownership, transferring or encumbering property, or resolving disputes. However, Florida law recognizes the need to correct such errors to uphold the integrity of property transactions. There are several types of Scrivener's Errors in Deed that can occur in Florida: 1. Clerical Errors: These are unintentional mistakes made by the person drafting the deed, such as incorrect spellings, numbers, or transpositions of letters or digits. 2. Screening Errors: These refer to errors that occur during the transcription or recording process. For example, the transcriber or recorder might mistakenly omit or add words, phrases, or provisions, thus creating an inaccurate document. 3. Legal Description Errors: One of the most common types of Scrivener's Errors in Deed involves inaccuracies in the legal description of the property. This can include incorrect lot numbers, block numbers, missing or misplaced metes and bounds, or references to incorrect survey maps. 4. Name Errors: Errors in the names of the granter, grantee, or other parties involved in the deed can also lead to a Scrivener's Error. Misspelled names or incorrect aliases can create confusion regarding property ownership or encumbrances. To rectify this Scrivener's Errors in Deed, the affected party must typically file a legal action known as a "Quiet Title" lawsuit. A Quiet Title lawsuit seeks to establish the rightful ownership and correct any errors or defects in the recorded deed. The court may review evidence, affidavits, and testimonies to determine the intent of the parties involved and the accurate description of the property. It is important to consult with an experienced real estate attorney in Florida if you suspect or discover a Scrivener's Error in Deed. They can guide you through the correction process, ensure compliance with legal requirements, and protect your property rights.
Florida Scrivener's Error in Deed
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Florida Statute § 689.041 establishes a procedure for mere typographical or inadvertent mistakes (also known as ?scrivener's error?) in the description or identification of real property in deeds.
County Forms Correct common errors in a deed, such as typographical mistakes or omissions in various sections of the original deed, by using a corrective deed, which must be signed by the grantor and witnesses and re-acknowledged.
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.
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.
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.
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.
Scrivener's Affidavits These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.