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

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US-02539BG
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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

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.

Deed reformation may be permitted where mutual mistake can be shown and proved: {¶13} ?Equity allows reformation of a written instrument when, due to a mutual mistake on the part of the original parties to the instrument, the instrument does not evince the parties' actual intention.

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.

The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he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

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 judgment or order stating the original intent of the parties, and what needs to be legally changed.

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.

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.

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.

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