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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 deed is an official document, recorded at the county level. A new deed has to be recorded to add or delete anyone from the official record of ownership. We recommend that you seek legal assistance from an attorney or title company specializing in property transactions.
If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions. If an owner of a property has passed away, you will need to transfer the property to the living owners.
If I find a mistake on my deed, how do I correct it? Usually, the same way you change a name, by recording a new deed. In this case, it is known as a deed of correction. You should contact your attorney or title insurance company.
Correcting Deed Mistakes Such an amendment to the original deed is called a Scrivener's Affidavit. Because a Scrivener's Affidavit simply clarifies that there was a mistake with the prior deed or deeds, in the case that such an affidavit is required, one can then move forward with receiving title insurance in full.
Scrivener's Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener's Affidavit doesn't correct anything. Instead, it simply adds information to the property records to help clarify something about the prior deed.
Note that the Grantor may legally prepare his or her own deed, but only an attorney licensed in the State of New Jersey can prepare a deed for someone else.
County Forms Use the corrective deed to correct an error in a previously recorded warranty, special warranty, or quitclaim deed in New Jersey. Once a deed has been recorded, it cannot be changed and remains part of the public record. It is possible, however, to amend that record by adding a newly executed deed.