This form is a generic affidavit that may be referred to when preparing an affidavit regarding the loss of a deed. 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.
Virginia Lost Deed Affidavit
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How to fill out Lost Deed Affidavit?
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FAQ
While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy.
A corrective affidavit that is recorded pursuant to this section operates as a correction of the deed, deed of trust, or mortgage and relates back to the date of the original recordation of the deed, deed of trust, or mortgage as if the deed, deed of trust, or mortgage was correct when first recorded.
All deeds, homestead deeds and leases of personal property, bills of sale, and all other contracts or liens as to personal property, which are by law required or permitted to be recorded, all mechanics' liens, all other liens not directed to be recorded elsewhere and all other writings relating to or affecting personal ...
Every will or authenticated copy admitted to probate by any circuit court or clerk of any circuit court shall be recorded by the clerk and remain in the clerk's office, except during such time as the same may be carried to another court under a subpoena duces tecum or as otherwise provided in § 17.1-213.
If you know the instrument number or deed book and page number, you may request a copy of your deed either by mail or over the telephone by calling 703-691-7320, option 3 and then option 3 again. Send your written request to: Fairfax Circuit Court 4110 Chain Bridge Road, Suite 317 Fairfax, VA 22030.
A deed must meet the following requirements to be valid: (1) be in writing; (2) name the parties; (3) give the legal description of the property; (4) specify the legal rights being conveyed; (5) include a consideration; and (6) be signed by a competent grantor and witnessed by two persons.
If you do not record your deed in Virginia, the deed will not be valid, and the grantee will not have any legal claim to the property.
Can I prepare my own deed? The Clerk's Office Land Records Department will accept a deed prepared by a property owner or an attorney, who is a member of the Virginia Bar. The document must meet all recording standards.
