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Santa Clara California Corrective, Correction or Confirmation Deed - Correction of Mistakes in Prior Deed

Category:
Real Estate - Deeds - Corrections
State:
Multi-State
County:
Santa Clara
Control #:
US-02129BG
Format:
Word; 
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Description

A deed of confirmation or correction can operate to remove doubts as to the effectiveness of a prior deed that contained irregularities, but was not completely void. While any doubts as to the effectiveness of a deed could be resolved by the execution of a second deed or a quitclaim deed, a confirmation deed may be preferable where the parties desire that the effective date of conveyance be on the date the first deed was executed.


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

Any error detected after registration of the concerned sale deed, can be rectified by the execution of a supplementary document called Rectification Deed. This is also known as a Confirmation Deed or Correction Deed.

How to Correct a Deed 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.

These errors can be rectified through the execution of a supplementary document called rectification deed. Rectification deed is a document executed between parties to correct a mistake in the principal deed.

Corrective mortgage means a mortgage deed which confirms, corrects, modifies or supplements a mortgage deed previously recorded.

If either party has found an error in the sale deed, the buyer and the seller will have to make an appearance in the sub-registrar's office, where the deed was previously registered. They will have to submit an application to the official, seeking correction in the document, along with all the supporting documents.

In case the original deed is registered, one should get the rectification deed also registered. And pay the requisite stamp duty and registration charges as per the laws in force in the State. For general mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each.

CORRECTIVE DEEDS: A Corrective Deed is a new deed signed and dated by the grantor that originally signed the defective deed. It needs to be acknowledged (notarized ) and meet the regular recording requirements of any California deed.

The customary method of correcting an error in a deed is for the grantor to execute and deliver to the grantee a corrective deed. A corrective deed is valid without any additional consideration.

There may be some problem with the title that the seller hasn't disclosed. But if the grantor does have an interest in the property, the quitclaim deed will convey it just as well as any other type of deed." "Common reason for using a quitclaim deed is to correct a technical flaw in an earlier deed."

Rectification deed will only be applicable when (1) there is a real mistake in the past deed pertaining to factual details and does not reflect the intentions of parties to the deed, (2) when the mistake is coincidental and (3) when all parties agree that the changes should be made in the principal deed for

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