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How to correct a Missouri deed is often simple. Small mistakes, like misspelling or omitting a word, can often be corrected with a scrivener's affidavit. The affidavit describes how the incorrect part of the deed should read, and the affidavit is signed and recorded by the person who wrote the deed.
This is generally accomplished through a Quit Claim Deed. A Quit Claim Deed is used to transfer the joint ownership into sole ownership. More specifically, the Quit Claim Deed removes one spouse's name from the title. The document is prepared by a lawyer.
In such circumstances, the person who originally created the real estate deed (the ?Scrivener?) can sign a sworn affidavit saying that they made a mistake, detailing exactly what the mistake was, and what the document should have said instead.
A quitclaim deed is a document that ends one person's interest in a property (whatever that interest may be, if any at all), by transferring that interest to someone else. Unlike a warranty deed, the quitclaim deed doesn't promise to pass a clear title ? only an interest in ownership, as-is.
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.
The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he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.
In addition to any other right under law to rescind a contract, an owner has the right to cancel a contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 407.938.