Tampa Corrective Deeds
Regardless of how meticulous a person is, mistakes are still sometimes made. Errors can occur and cause problems when one person wants to transfer real estate to another person using a deed. These mistakes usually occur in one of two ways. Either there is a mistake on the deed, such as a spelling error, or there is an error of execution, such as failing to have the deed properly witnessed. As soon as these mistakes are discovered, it is important to fix them as soon as possible. A Tampa corrective deed lawyer can help.
What is a Tampa Corrective Deed?
A corrective deed in Tampa is one that corrects problems in deeds that have already been recorded. Corrective deeds do not create a new interest in the property. Instead, they simply correct the deed that relates to the previous transfer of ownership. For example, if you record a deed that has a typographical error in the legal description, you would need a corrective deed to fix that mistake.
On the other hand, there are some issues that do not require a corrective deed, even though they may be an error. For example, if the original deed has an incorrect date or is missing a date, the Florida Bar Association has determined that these issues do not require corrective deeds.
How to Execute a Tampa Corrective Deed
Executing a corrective deed begins with the deed that has already been recorded. There are three main changes that will convert the original deed to a corrective deed. These are as follows:
- Change the title: Simply changing the title of the original deed to show “corrective” will allow third parties to see that the document is being filed to fix mistakes on a previous deed.
- Fix the mistake: You then have to fix the mistake contained within the original deed. For example, if the error was a typo in the legal description, you simply have to correct that information.
- Explain your actions: You do need to include an explanation for the correction. In your explanation, include the title of the original deed, where it was executed, and the exact change made to the original deed. This statement can be included anywhere on the original deed, but it is usually provided under the legal description in the deed.
A Scrivener’s Affidavit
Scrivener’s affidavits are sometimes confused with corrective deeds, but the two are different. Scrivener’s affidavits are statements made by the party that wrote the deed and, because they are affidavits, these statements are sworn. Instead, a Scrivener’s affidavit only provides additional information to the records for the property that help clarify information about a previous deed.
Call Us Today for Help with Your Tampa Corrective Deed
If you need to correct a prior deed using a Tampa corrective deed, our attorneys at My Florida Deed can help. Call us today at 407-205-2906 or contact us online to receive the forms and information you need to make the necessary corrections.