Montana Correction Deed to Correct Land Description
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How to fill out Correction Deed To Correct Land Description?
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FAQ
Understanding the Different Types of Deeds in Montana A deed transfers real property from a grantor to the grantee. There are three main types of deeds: the general warranty deed, the special warranty deed, and the quitclaim deed.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
A classic example of this is when the deed is executed by someone lacking legal capacity. If someone is mentally incapacitated due to extreme old age, for instance, then they lack the capacity to contract, and without a conservatorship in place, their purported conveyances will be void.
This is a post-closing problem and the issue creates a defective deed which will negatively impact the chain of title. For example, there might be a wrong notation of the metes and bounds or a mistake of a property's lot number. If left unchecked, this creates a serious issue. However, there are ways to correct it.
Proper Error Correction Procedure Draw line through entry (thin pen line). Make sure that the inaccurate information is still legible. Initial and date the entry. State the reason for the error (i.e. in the margin or above the note if room). Document the correct information.
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.
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.
