Quick Answer
A deed that was recorded with errors may require correction through a corrective deed, re-recording where permitted, an affidavit of correction, additional signatures, or court action. Never alter a recorded deed casually. The appropriate cure depends on the nature of the error and applicable state law.
Recording a deed is the act of placing it in the public record to provide notice of the ownership transfer. When that process goes wrong, the consequences can affect the chain of title for years or decades.
Examples of Recording Errors
- The legal description in the recorded deed does not match the property intended to be conveyed. Learn what happens when the legal description is incorrect.
- The grantee's name is misspelled on the recorded document. Learn how to fix a misspelled name on a deed.
- The deed was recorded in the wrong county.
- The deed references the wrong plat or lot number.
- Pages were omitted or scanned incorrectly during recording.
- The deed was not properly indexed in the county records.
Real-World Example: The Wrong Property Description
In a matter that became the subject of litigation in Rhode Island, warranty deeds and a mortgage were recorded with legal descriptions that did not match the actual properties intended to be conveyed. The errors were not discovered until years later when foreclosure proceedings revealed the discrepancies. The case illustrates how recording errors can remain hidden for years and require reformation or other legal action to correct. 1st Option Title, Scott Horne, and Horne & Associates did not handle this matter. It is referenced here for educational purposes as an example of the types of recording errors that can occur.
Can You Just Edit the Deed?
No. Once a deed has been recorded, you cannot simply edit the original document. Altering a recorded deed without proper legal procedures can create additional problems. The appropriate method depends on the error, the jurisdiction, and the circumstances. Learn what a corrective deed can and cannot fix.
FAQs
Does an incorrect recording mean the transfer never happened?
Not necessarily. Recording provides public notice but does not determine the validity of the underlying transfer. A deed that was properly signed and delivered but recorded with errors may still be valid between the parties. The recording error creates a title problem that must be addressed.
Who is responsible for fixing a recording error?
The party who prepared or recorded the deed may be responsible, depending on the circumstances. In a transaction context, the title company typically works with the parties to determine the appropriate correction.