Massachusetts Scrivener's Error in Deed
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How to fill out Scrivener's Error In Deed?
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FAQ
What is a corrective deed? 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.
An abstract of Title is is the brief chronological overview of all of the historical legal documentation associated with a property or asset, including titles, transfers and claims against the property.
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.
Title Evidence means documentation in the form of a certified search covering a period of twenty (20) years, current title insurance or certified letter from abstractor or title insurance agent certifying fee simple ownership of property.
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.
A quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.
First, if the scrivener's error is apparent on the face of the policy, a court may correct that error by applying the general rules of contract interpretation. Second, if a scrivener's error is not apparent on the face of the policy, a court may reform the contract to correct the error if the error is a mutual mistake.