The Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees is a legal document utilized to correct errors in specific property deeds. This complaint arises when an error has occurred in the naming of grantees in a property deed, which could lead to confusion or disputes regarding ownership. By filing this complaint, the injured party seeks a judicial correction of the deed to accurately reflect the intended grantor and grantee names.
To properly complete the Complaint to Reform Deed, follow these steps:
This form is suitable for individuals who have recently discovered mistakes in the names of the grantees on a property deed that can affect ownership rights. It is commonly used by property owners or potential property buyers who seek to correct inaccuracies to ensure their legal interests are properly protected. Additionally, legal representatives of individuals in such situations may also use this form to assist their clients.
When completing the Complaint to Reform Deed, it is critical to avoid the following errors:
Notarization is an important step in finalizing the Complaint to Reform Deed. Here is what to expect during this process:
Having witnesses present may also be required, depending on state laws, to ensure the legitimacy of the signatures and the contents of the deed.
You can correct an error on a California deed through a Correction Deed or Corrective Deed. Usually deed errors are as a result of someone attempting to prepare a deed without proper knowledge or professional help.
A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.
Re-recording of the original document. With corrections made in the body of the original document. A cover sheet detailing the changes. Must be re-signed and re-acknowledged. Correction Deed. A new deed reflecting the corrections/changes. Must meet all recording requirements of a deed.
If a deed is to have any validity, it must be made voluntarily.If FRAUD is committed by either the grantor or grantee, a deed can be declared invalid. For example, a deed that is a forgery is completely ineffective. The exercise of UNDUE INFLUENCE also ordinarily serves to invalidate a deed.
A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well. In case the original deed is registered, one should get the rectification deed also registered.
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.
Property cannot be conveyed to a grantee who does not exist. Thus, a deed to a grantee who is dead at the time of delivery is void. For example, a deed recorded by the grantor is presumed to have been delivered.For example, a deed is voidable if it was obtained by fraud in the inducement.
Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Obtain the original signature(s) of the Grantor(s). Re-execute the deed with proper notarization and witnessing.