New Hampshire 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

Reformation Under reformation, the agreement is "reformed" ? meaning the agreement will be reinstated, though the obligations and duties of the parties will be altered from the original contract.

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.

All alterations to the deed must be authenticated by the signatures of all the parties against each amendment made. If a plan to the original deed is amended, then all the parties should re-sign the plan. If a new plan is substituted for an existing plan in the original deed , all the parties should sign the new plan.

A deed reformation asks the court to ?fix? the deed but issuing a court order declaring what the change to the deed should be. Grounds for a deed reformation generally require proof of a mutual mistake (where both parties erred in the drafting of the deed), fraud, accident, illegality, or unjust enrichment.

Reformation is almost always asserted as a preliminary to some other remedy which is to be pursued. This equitable remedy is available when a written contract or conveyance fails to express the agreement of the parties, due to the fraud or misrepresentation of one party and the mistake of the other.

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