Corrective Deed

Florida Corrective Deeds

Executing a Florida corrective deed allows you to correct mistakes in an original deed. These corrections may include improper legal descriptions, or any other information that would make the previous deed invalid. Any time an original deed has significant mistakes, a new deed is necessary. Corrective deeds can be used to render an invalid deed valid once again, but the corrective deed must be properly executed and recorded. This will clarify the intent and nature of the original deed.

     *Includes the recording fee. 

When is a Florida Corrective Deed Not Necessary?

It is natural to assume that every time an original deed contains an error, you must execute a corrective deed. Fortunately, that is not true and some mistakes can be left on the original deed. According to the Florida Bar Association, insignificant errors such as an incorrect date, or even the lack of a date, do not require a corrective deed to fix. The Bar not only recommends leaving these errors, but actually advises against correcting them. Still, any time an original deed does contain important errors, it is essential that they be corrected with a corrective deed.

When is a Florida Corrective Deed Necessary?

The main use of corrective deeds is to correct information that affects the intended outcome or the legal effectiveness of an original deed. So, if the names of the grantors or grantees are incorrect, or the legal description contains a typographical error that results in the misidentification of the property, a corrective deed must be executed.

What are Scrivener’s Errors?

A Scrivener’s Error is a mistake made by the person who drafted the deed and that affects the legal description. As of July 1, 2020, these mistakes may be corrected using a recorded Curative Notice. The Florida Statutes define these errors as mistakes or omissions pertaining to a lot or block, a unit, building or phase of a condominium or no more than one mistake or omission that impacts the directional designation of one tract of land.

So long as the statutory conditions are met, and a Corrective Notice is recorded, the deed  containing the Scrivener’s Error conveys title to the intended real property as if there had been no scrivener’s error. Likewise, each subsequent erroneous deed containing the identical scrivener’s error conveys title to the intended real property as if there had been no such error.  The Curative Notice may not be used to correct Quit Claim Deeds.

Complete Your Florida Corrective Deed Application Today

If you have a deed that contains errors, you need a Florida corrective deed from My Florida Deed. We offer personalized service that is tailored to your needs, and that will allow you to execute the proper deed quickly and efficiently. Complete the form below or contact us to learn more about how we can help.

 

Information for Your Corrective Deed

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