Maryland Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

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A quiet title action is filed by a person or entity claiming title to all or a portion of a specific parcel of property and asks for a ruling that plaintiff's title is superior to any interest held or claimed by any of the named defendants. It is a mechanism to cure defects in the title to property, thereby providing assurance to the owner who brings the action, as well as subsequent purchasers, of the status of title and accuracy of the real property records.


Although a deed expresses the intention of the parties, if there is a material mistake, a court of equity may grant appropriate relief. A court of equity will order the cancellation or reformation of a deed where it appears that a material mistake has been made.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Maryland Complaint to Reform Deed — Mistake in Erroneous Names of Two Grantees Keywords: Maryland, complaint, reform deed, mistake, erroneous names, grantees, legal document, property transfer, rectification, lawsuit, judicial process, correction, valid deed, legal representation. Description: A Maryland Complaint to Reform Deed — Mistake in Erroneous Names of Two Grantees is a legal document filed in Maryland courts to rectify an error or mistake made in the names of two grantees mentioned in a property deed. This complaint aims to correct the inaccurate or erroneous information, ensuring that the deed accurately reflects the intended individuals as legal property owners. When drafting a Complaint to Reform Deed in Maryland, it is crucial to include all relevant details, such as the property description, the original deed details (including the erroneous names), and the correct information of the intended grantees. Additionally, the complaint should outline the circumstances of the mistake and explain the reasons for seeking reformation. Types of Maryland Complaints to Reform Deed — Mistake in Erroneous Names of Two Grantees: 1. Mutual Mistake: This type of complaint arises when both the granter and the grantees discover the error in the names and agree that it is a genuine mistake. The complaint seeks the court's intervention to reform the deed based on the mutual understanding and intent of the involved parties. 2. Unilateral Mistake: In this scenario, one party (either the granter or one of the grantees) realizes the mistake in the deed's names and files the complaint to seek reformation. The court evaluates the evidence provided and decides whether the error was truly a unilateral mistake deserving correction. 3. Fraudulent Intent: If one party suspects that the error in the names of the grantees was intentional or fraudulent, they can file a complaint challenging the validity of the deed. This type of complaint aims to prove fraudulent intent and request the court to reform the deed accordingly. 4. Legal Representation: It is highly recommended seeking legal representation when filing a Complaint to Reform Deed — Mistake in Erroneous Names of Two Grantees in Maryland. A skilled attorney specializing in real estate law can guide individuals through the judicial process, help gather necessary evidence, and present a strong case for rectification. In conclusion, a Maryland Complaint to Reform Deed — Mistake in Erroneous Names of Two Grantees is a crucial legal tool for correcting errors in property deeds. By filing this complaint, individuals can ensure a valid and accurate transfer of property ownership, correcting any mistakes that may have occurred during the initial drafting. Seeking legal representation is vital to navigate the complex legal procedures and to increase the chances of a successful resolution.

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FAQ

A correction deed, also known as a confirmatory or corrective deed, is a legal document used to fix errors on a property title that is recorded. Property owners can use this special type of deed to amend common errors such as misspellings, incomplete names, and other missing information.

A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.

The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.? (Civ.

Code §1600). A deed conveying real property may have been recorded but not delivered and a court could deem the conveyance void if a party can prove that delivery was not made or that there was no intent to unconditionally convey title at the time the deed was delivered.

What can be construed as a VOID deed? A forged deed. A deed signed by a person determined to be mentally incapacitated. A deed signed by someone who totally does not understand what they are signing. A deed in which the Grantee was typed in without the Grantor's authorization.

In Michigan, a deed must be signed by the grantor, notarized, and recorded to the Register of Deeds for the property transfer to be considered valid and effective.

In Maryland, the original deed cannot be amended for rerecording. If any changes or corrections are made, it becomes a supplemental instrument only and must follow requirements for such instruments. Instead, a newly drafted confirmatory deed, executed, acknowledged, and recorded, will have full legal status.

Specifically, if the deed is void, it does not pass title and cannot be enforced even if recorded and even if title is later acquired by a bona fide purchaser.

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Steps to fixing an incorrect deed · Determine if the error is harmless or fatal to the transfer of title. · Decide what instrument is best suited to the error. A court of equity will order the cancellation or reformation of a deed where it appears that a material mistake has been made. This form is a generic example ...May 17, 2018 — A court may exercise its power to reform a deed, thereby correcting a mistake in the ... The complaint also stated the deed “contains a mutual ... To reform or change a deed, the parties to the deed must bring a legal action before a circuit court requesting that the court “fix” the deed by issuing a ... Here are some potential errors to look out for: The property legal description is incorrect or insufficient. The legal title holder name is incorrect or uses a ... Mar 15, 2023 — If the erroneous deed has not been signed or recorded, the mistake is easy to correct. You only need to correct the deed before it is signed and ... Jun 17, 2022 — Common errors that render a deed imperfect include insufficient legal descriptions, incorrect or misspelled names, missing witnesses, or the ... May 31, 2023 — Maryland law requires all deeds to include the names of the grantor (the seller) and grantee (the buyer), a description of the property, and ... Apr 22, 2011 — Section 3730(b)(2) provides that a qui tam complaint must be filed with the court under seal. The complaint and a written disclosure of all the ... Apr 22, 2011 — Section 3730(b)(2) provides that a qui tam complaint must be filed with the court under seal. The complaint and a written disclosure of all the ...

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Maryland Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees