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Aug 6th, 2022
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How to Correct address in the Warranty Deed

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what is a deed when studying for the real estate exam we learned that a deed represents evidence of the transfer it is a legal document that transfers property ownership rights in real estate in its most basic form a d contains the signature of the person transferring the real estate the date of the transaction the names of the party involved and a description of the property being transferred there are a few different types of deeds for different situations but today we are going to focus on the general warranty deed and the special warranty deed lets begin with a question what is a warranty deed a warranty deed gives the grantee a warranty or guarantee that the grantor does actually have legal title to the property the seller who is the grantor is promising the buyer that yes i do own this property and i have the right to sell it to you note that recording is not a requirement for a warranty deed but if recording is going to be done the document must be acknowledged warranty deeds a

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An erroneous legal description attached to a deed operates to cause the recorded deed to be defective, and impacts the chain of title.
A corrective deed, also known as a confirmatory or correction deed, is a type of legal document used to amend errors in an existing property title. It is most commonly used for minor mistakes, such as misspelled or incomplete names, omissions of marital status, and missing information.
The Three Types of Legal Descriptions The Rectangular Survey. Lots and Blocks. Metes and Bounds.
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.
Steps to fixing an incorrect deed 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.
How to Correct a Deed 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 the deed is not recorded, the party holding the deed may not be recognized under the law as the legal property owner to third parties. However, the deed may be legally effective to transfer the property from the grantor to the grantee.
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.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
Use the confirmatory deed to correct an error in a warranty or quitclaim deed in Massachusetts. A corrective or confirmatory deed is in effect an explanation and correction of an error in a prior instrument and passes no title.

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