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

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Multi-State
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US-02539BG
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Word; 
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Description

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.

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FAQ

An Affidavit of Correction is a legal instrument that is used to fix errors or missing information on a publicly recorded record. For instance, if you've realized that you made an error on an official government or court document, you can use this Affidavit of Correction to make an amendment.

There are two doctrines that allow reformation. The first is the doctrine of mutual mistake. In such a case, the plaintiff must show that both parties were mistaken as to a material portion of the written agreement. The second is the doctrine of unilateral mistake.

The mistake will render the contract void if it robs it of all substance. Mutual mistake (where the parties are at cross-purposes with one another). If, from the parties' words and conduct, only one possible interpretation of what was agreed can be deduced, the contract will still be valid. Otherwise it will be void.

Reformation in contract law is a legal remedy in which the court rewrites the contract to ensure both parties' true intentions are reflected. This is an alternative to equitable remedies, such as monetary damages.

Rectification is a remedy by which the court essentially re-writes the terms of a written agreement in order to correct a mistake and restore the parties to their original bargain.

Amendment: If a contract mistake is identified, the parties may amend the agreement to fix the problem. This may include negotiating and revising the contract's provisions to match the parties' original purpose.

Minnesota law allows a court to correct a contract mistake through a ?reformation? claim in court. If a party proves the mistake, the judge can ?reform? the contract so that it conforms to the parties' intent. This can save a party from breaching the ?mistaken? contract.

It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and the correction of mistakes by rectification or construction.

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