A correction document is a document that is entered in the public registry in addition to the false document. It is known as a confirmation tool because it perfects an existing title by eliminating all its shortcomings, but it does not pass the title alone. Get a copy of your current deed and download a certificate of correction form from your state or county law library. Fill in the information to refer to the original document, including the names of the grantor and original beneficiary, the document number, and the date and time of the original document. It is useful to attach a copy of the original document. Attach the corrected legal description of the property and note “See Appendix A” if it is too long to be included in the space provided. Sign and date the form before a notary and submit it to the appraiser-recorder`s office. If the property is located in San Francisco, file it with the Office of the Appraiser-Recorder, the same place where you filed the previous deed. This office is located on Justin Herman Square of City Hall. One of these post-completion issues that can arise is an error in the registered deed. There are several examples of what constitutes an error in the saved document; One of the most common is an error in the legal description of the transferred property. An incorrect legal description attached to a document will result in the inaccuracy of the registered document and affect the chain of ownership. Some examples of false legal description in a registered deed include, but are not limited to, an incorrect request in the legal description of the transferred property, an incorrect lot number in a plated legal description, or an incorrect reference to the flat book.
However, the good news is that it can be corrected by taking the necessary corrective measures. If the legal description is incorrect or missing, the document must be corrected and re-registered. This usually includes obtaining a certified copy and then paying for readmission. The good news is that these are relatively inexpensive claims that can usually be resolved for around $100. The bad news is the volume with which these claims are received: ATG usually receives at least one of these claims each week. Please compare your legal description with the legal description of the obligation. If the legal description does not appear on the front of the document, make sure a legal description is attached. We see a lot of mortgages with the words “legal description attached,” and there are none. If an error in the legal description is revealed, the remedies will depend on the nature of the error. Is this a typo? Or is it a matter of substance? In some cases, it is possible to correct a defect with an affidavit instead of a certificate of correction. This document serves as a notification of an error in the saved document.
It is usually reserved for minor corrections, such as a spelling error of a subdivision in the legal description or a lack of marital status. It is important to check the address and legal description of the property before signing a deed of closure of the escrow account, as an error can sometimes occur. It is easy for your trustee to print a corrected copy for your signature. However, if you only discover the error after it has already been recorded, even years later, there is always a way to get it right by filing a certificate of verification or an affidavit from a scribe. Legal descriptions are especially important in a real estate transaction because they dictate which property will be sold. An incorrect legal description on the deed is usually also found on the mortgage, because it is created at the same time and the information is simply implemented. Correcting a legal description may involve additional steps beyond what is discussed here. If an error in the legal description is discovered, the correct process by which the error is corrected is to (1) have an act of correction executed by the original settlor and certify and notarize it in accordance with Florida law; and (2) register the new amending instrument. If the original grantor reperforms and registers a remedial act, this is the only effective way to correct an error in the legal description of an erroneous instrument.
If you intend to purchase lot 5 of a subdivision, but the description of your deed says “Lot 6”, you may not have ownership of lot 5 until the problem is resolved. If you intended to buy lots 5 and 6, but your certificate only mentions lot 5, you only have one of the lots you wanted to buy. Marie Murdock has been in the legal and title insurance industry for over 25 years. Murdock was first published in print in 1979 and has been writing articles online since mid-2010. His articles have been published on LegalZoom and various other websites. For example, the wrong lot, as in the case of the unfortunate veteran, or a description that indicates the wrong direction of the compass and thus changes the property boundaries, cannot be corrected by an affidavit of correction. The document must be replaced by a correction document. The description of the property on a deed can be corrected in two ways: either by an act of correction, or by an act of correction and an affidavit of a scribe. When registering a remediation certificate, it is useful to include a cross-reference in the remediation certificate that refers to the registration information of the faulty certificate. For example, a note may be included in the certificate of correction that states: “This certificate of correction is given to correct an error in the legal description of this particular document of ___ and ___ is recorded in the official book ___, page ____, Public Records of ___ County, Florida.” Scoring is not strictly necessary, but can contribute to understanding the chain of ownership in subsequent transactions. Correcting misdescription and resolving the problems they cause can be a sensitive area of real estate law.
You can protect yourself as a homeowner by knowing what mistakes to look out for and how to react if you notice one.