how to report lawyer for incorrect legal descriptions in deeds

If the error is so obvious that it is apparent what the deed intended to describe, the fix may be relatively simple. The attorney that prepared your deed may sign an affidavit stating that he prepared the deed and there was an error in the description and the property was intended to be described as in his affidavit.

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What happens if a real estate deed has an incorrect description?

Sep 25, 2011 · 1) A misdescription does NOT give the lender the right to take the other property; if that were the case, anyone could essentially confiscate any property they would like to take simply by "accidentally" misdescribing the location or lot. The misdescription does not affect the rights of hte plots correct owner. 2) Whether the mortgage is ...

How do I correct the legal description of a property?

Dec 13, 2012 · Obtain a copy of your current deed and download a corrective deed form from your state or county's law library. Fill in the information to reference the original deed including the original grantor...

What constitutes a mistake in the recorded deed?

If the error is so obvious that it is apparent what the deed intended to describe, the fix may be relatively simple. The attorney that prepared your deed may sign an affidavit stating that he prepared the deed and there was an error in the description and the property was intended to be described as in his affidavit.

What is an example of an incorrect legal description?

With a property conveyed for purchase, it is with little difficulty that a deed may sustain a mistake in the description in the documentation. This issue creates a defective deed and will impact the chain of title negatively. A wrong call in the metes and bounds or …

How do I correct a legal description of a deed in California?

Mistakes on recorded deeds can be corrected by either re-recording the deed, preparing a new corrective deed or preparing a corrective affidavit. A re-recording of the original document with corrections is made in the body of the original document, re-signed and re-acknowledged.May 23, 2019

What is reformation of a deed?

Reformation is an equitable action that seeks to have a deed reformed to reflect the intention and agreement of the parties because the deed did not accurately reflect that intention and agreement.

How do I correct a deed in NJ?

If the mistake in the deed is minor and clearly reflected in the public record, it can be corrected with a simple affidavit. This affidavit stating that the legal description of the property has an error can be drawn up by an attorney, a property surveyor, or the institution that prepared the original deed.

How do I correct a deed in Illinois?

When correcting an error in a deed in Illinois, there are two basic options: 1) re-record the original deed with corrections made on the face of it by striking out the wrong item; or 2) record a correction or corrective deed.

What is rescission in real estate?

Rescission as a Remedy to Parties Where a Business or Real Estate Contract has Been Entered Into Based on Duress, Fraud or Mistake. Generally speaking, rescission is a statutory and equitable remedy which restores the parties to the condition they were in prior to execution of the agreement.

Is reformation a cause of action?

Although reformation is technically a remedy, courts often refer to it as a cause of action and counsel commonly plead reformation as a cause of action (see, for example, George v. Auto. Club of S. Cal., 201 Cal.

How do you correct a mistake on a legal document?

Proper Error Correction ProcedureDraw 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.

How do you correct an error in a deed?

Steps to fixing an incorrect deedDetermine 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.More items...

What happens if the Land Registry makes a mistake?

You will need to make a written request for indemnity for the Land Registry's legal team to consider, and any genuine mistakes on behalf of the Land Registry ought to be compensated appropriately.Jan 15, 2020

How do I fix scrivener error?

First, if the scrivener's error is apparent on the face of the policy, a court may correct that error by applying the general rules of contract interpretation. Second, if a scrivener's error is not apparent on the face of the policy, a court may reform the contract to correct the error if the error is a mutual mistake.

What is a guarantee deed?

A Deed of Guarantee is a document where one person agrees to be responsible for someone else's mortgage obligations if that person fails to carry out their own obligations.

Which of the following statements is false concerning the rights granted to owners of properties along the course of a river or stream?

Which of the following statements is FALSE concerning the rights granted to owners of properties along the course of a river or stream? The answer is they include the unrestricted right to use the water.

What is corrective deed?

A corrective deed does exactly what its title indicates: it corrects minor errors in recorded deeds. Most deeds create a new interest, but a corrective deed just fixes errors in a deed already in the recorder's office. You can file a deed of correction providing you're not changing any information that doesn't alter the substance of the deed. For example, if you're also wanting to add a new spouse onto the title, you'd be unable to do so with a deed of correction. You can't include ext either.

Why is it important to record a deed?

That's because the very purpose of recording a deed is to allow potential buyers or lenders to trace property ownership and liens by its description.

What is a deed of land?

Property deeds are legal documents identifying who owns interests in real property. They are public documents and open to viewing by lenders as well as agencies in charge of property tax assessments. If you've ever struggled to read a legal property description, with its dense language, you may be more understanding of mistakes. Property descriptions are lengthy and not written in the way ordinary people talk. They must precisely locate the land referenced in the deed, providing the name of the county or parish where the property is located as well as the judicial district. Land is often described with the following methods: 1 Fractional designation 2 Metes and bounds 3 Courses and distances 4 Reference 5 Blanket 6 Name designation 7 Part of a tract, and 8 Subdivision lot

What is a property deed?

Property deeds are legal documents identifying who owns interests in real property. They are public documents and open to viewing by lenders as well as agencies in charge of property tax assessments.

What is property description?

Property descriptions are lengthy and not written in the way ordinary people talk. They must precisely locate the land referenced in the deed, providing the name of the county or parish where the property is located as well as the judicial district. Land is often described with the following methods:

Can you correct a deed that is incorrect?

Often, correcting the mistake can be as easy as letting your escrow agent know it's incorrect as quickly as possible after the deed was filed. The agent that made the error can file a Scrivener's affidavit which simply notes the error and adds the correct information to the deed with no need for you to sign anything. However, if some time has passed, you'll need to make a more formal correction to the deed.

What is a correction deed?

This is basically a redo of the original incorrect deed. Both buyer and seller must sign a newly prepared correction deed reciting the correct legal description. The correction deed will recite the recording data of the original deed that is being corrected and the error that occurred. If a correction deed is difficult to obtain, such as when the seller is deceased or uncooperative or the error has occurred repeatedly in several deeds and the necessary signatories are unknown or cannot be located, then a court order may be required.

What is legal description?

The “legal description” portion of the deed describes the property you purchased. If there are inaccuracies in your description or it is completely incorrect, the problem may take time and effort to fix.

Who is Marie Murdock?

Marie Murdock has been employed in the legal and title insurance industries for over 25 years. Murdock was first published in print in 1979 and has been writing online articles since mid-2010. Her articles have appeared on LegalZoom and various other websites.

What is a scrivener's affidavit?

These affidavits are referred to as scrivener’s affidavits and would be reserved for errors such as an incorrect spelling of a subdivision name or incorrectly recited recording data for the subdivision when the subdivision name is clearly stated. More serious errors cannot be corrected in this manner.#N#Read More: What Is a Scrivener's Affidavit?

What happens if the judge rules in your favor?

If the judge rules in your favor, he may order the clerk of the court to sign a correction or reformation deed fixing the problem. References.

What is a metes and bounds?

Metes and bounds is the method by which property is frequently described when there is no platted, recorded map of the property. Surveyors usually create these descriptions using degrees, minutes and seconds, which are bearings based upon North, South, East and West. Distance measurements are usually in feet. If a call goes in the wrong direction, such as south instead of north, or goes too many feet east or west, then the property you intended to purchase is not described in your deed where it is physically located on the ground.

What happens if a deed is incorrectly described?

When an improper legal description leads to deed issues, it is not possible to just record the information anew. Those involved are not able to just correct the description attached to the property or even add to the details after the execution happens. If the real estate agency or others connected to the deed purchase or transfer do not complete this process correctly, the courts involved may rule the legal description as insufficient. This constitutes a defective deed. Even if omissions included in the description are not correct, the deed cannot sustain a change without the appropriate procedures.

What happens if you make a deed mistake?

Any type of deed mistake could lead to utter disaster in the chain of title for real estate deals, sales and transactions for the owner or potential buyer. Unfortunately, closing a real estate sale does not stop any possible problems that may arise with the title, and it is crucial to resolve any of these issues with all due haste before the buyer loses it all.

What is chain of title?

The chain of title has issues affecting the possession of property in real estate deals when there is another person with legal interest in the land or building.

When a mistake in the legal description is discovered, the correct process by which the mistake is remedied is to

When a mistake in the legal description is discovered, the correct process by which the mistake is remedied is to: (1) have a corrective deed re-executed by the original grantor and properly witnessed and notarized in accordance with Florida law; and (2) have the new corrective deed recorded. Having the original grantor re-execute a corrective deed and recording the same is the only way to effectively correct an error in the legal description of a defective deed.

What is a post closing issue?

One such post-closing issue that may arise is a mistake in the recorded deed. There are several examples of what constitutes a mistake in the recorded deed; one of the most common being an error in the legal description of the property being conveyed. An erroneous legal description attached to a deed operates to cause the recorded deed to be defective, and impacts the chain of title. Some examples of an incorrect legal description in a recorded deed include, but are not limited to, a wrong call in the metes and bounds legal description of the property conveyed, an incorrect lot number in a platted legal description, or an incorrect plat book reference. However, the good news is that it can be corrected by taking the required corrective steps.

Does closing a transaction always signify the end of the file?

Unfortunately, closing the transaction does not always signify the end of the file.