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

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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.

Puerto Rico Complaint to Reform Deed — Mistake in Erroneous Names of Two Grantees In Puerto Rico, a Complaint to Reform Deed may be filed when there is a mistake in the erroneous names of two grantees on a property deed. This legal document aims to rectify the error and ensure that the correct parties are accurately identified as the rightful grantees of the property. By filing this complaint, individuals seek to correct any confusion or discrepancies that may arise due to the mistake in names, protecting their rights as property owners in Puerto Rico. There are different types of Puerto Rico Complaints to Reform Deed — Mistake in Erroneous Names of Two Grantees, which can vary depending on the specific circumstances of the case. Here are few common types: 1. Unintentional Error: This type of complaint occurs when there is a legitimate unintentional error in the names of the two grantees on the property deed. It is essential to establish that the mistake was not made intentionally or with any fraudulent intent. 2. Clerical Error: A clerical error complaint arises when the mistake in the names of the two grantees can be attributed to a typographical error, a misspelling, or a transposition of letters or numbers during the drafting or recording of the deed. 3. Identity Dispute: In some cases, the complaint may be filed due to a dispute regarding the identity of the two grantees. This can occur when there is confusion or disagreement about the legal names, aliases, or variations in spelling, requiring the deed to be reformed to clarify the accurate and true identity of the parties involved. 4. Fraudulent or Malicious Act: In rare instances, a complaint may be filed based on suspicion or evidence of fraudulent or malicious intent behind the incorrect names on the deed. This typically involves proving that the error was a deliberate attempt to deceive or manipulate the property ownership rights. When filing a Puerto Rico Complaint to Reform Deed — Mistake in Erroneous Names of Two Grantees, it is crucial to consult with an experienced real estate attorney who specializes in Puerto Rico property law. They can guide individuals through the process, gather necessary evidence, assist in establishing the need for reformation, and ensure compliance with local regulations. By addressing the mistake and making the necessary corrections through this complaint, individuals can protect their property rights and prevent any future disputes or complications related to ownership, transfers, or encumbrances.

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FAQ

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.

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.

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.

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.

More info

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 ... Some errors you might find on a deed affecting title rights include: Incorrect or insufficient Legal Description; Incorrect name or nickname; Incorrect ...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 ... View on Westlaw or start a FREE TRIAL today, § 11:21. Complaint—To reform deed—Mutual mistake in erroneous description of land, Secondary Sources. The clerk shall record the corrective affidavit in the deed book and, notwithstanding their designation in the deed, deed of trust, or mortgage needing ... The court may appoint one or more persons who are qualified voters in the judicial district, to be known as voting referees, who shall subscribe to the oath of ... Here are some potential errors to look out for: The property legal description is incorrect or insufficient. The legal title holder name is incorrect or uses a ... Sep 28, 2022 — ... 2 or more persons create estates in common, unless otherwise expressed. Deeds in which 2 or more grantees anywhere in the conveyances are named. ... the presence of two witnesses who sign their names to the will in his presence. (3) Signature by another.--If the testator is unable to sign his name or to ... May 12, 2020 — local educational agencies serving a high percentage of schools implementing targeted support and improvement plans under section 1111(d)(2). P ...

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