US Legal Forms
Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

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

Category:

Real Estate - Deeds - Corrections

State:

Multi-State

Control #:

US-02539BG

Format:

Instant download

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.

Definition and meaning

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.

How to complete a form

To properly complete the Complaint to Reform Deed, follow these steps:

Begin by filling in the name of the court where the complaint will be filed.
Provide the names of the parties involved, including the plaintiff and defendant.
Detail the ownership and description of the property in question.
Include the date of the original agreement and the amount paid for the property.
Clearly outline the mistake made in the deed regarding the names of the grantees.
State when the mistake was discovered.
End the document with your request for the reformation of the deed and any other relief you may seek.

Who should use this form

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.

Common mistakes to avoid when using this form

When completing the Complaint to Reform Deed, it is critical to avoid the following errors:

Failing to provide complete and accurate property descriptions can complicate the reformation process.
Not including the correct names of all parties involved may result in the refusal of the court to process the complaint.
Missing necessary signatures or notarizations can lead to legal challenges or delays.
Overlooking deadlines for filing the complaint, as timing can be crucial in legal matters.

What to expect during notarization or witnessing

Notarization is an important step in finalizing the Complaint to Reform Deed. Here is what to expect during this process:

You will need to present valid identification to the notary.
All parties involved must sign the document in the presence of the notary.
The notary will affix their seal to the document, affirming that it has been properly executed.

Having witnesses present may also be required, depending on state laws, to ensure the legitimacy of the signatures and the contents of the deed.

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FAQ

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.