Quick Answer
The appropriate method to fix a misspelled name on a deed depends on the type of error, the jurisdiction, whether identity is in question, and the circumstances. Options may include a corrective deed, an affidavit of correction, re-recording with corrections where permitted, or other curative documents.
A misspelled name on a deed is one of the most common errors found in chain-of-title examinations. While often minor, these errors must be addressed to ensure clear title.
Is Every Misspelling Serious?
No. The seriousness depends on whether the error creates uncertainty about identity. A minor spelling difference that clearly refers to the same person (e.g., "Jon" vs. "John") may be less concerning than a completely different name. The title examiner evaluates whether the chain of title remains clear despite the error. If there is any doubt about identity, the error must typically be cured. Learn what happens when the wrong person is listed on a deed.
What Evidence May Help?
When a name does not match exactly, the title examiner looks for evidence that the person named is the same person who should have been named. This may include marriage certificates, divorce decrees, driver records, tax records, or affidavits from people with personal knowledge. The goal is to establish that the misspelling is just a clerical error and does not reflect a different person.
Can White-Out Fix It?
No. Never alter an original recorded document. White-out, erasure, or manual correction on a recorded deed can create additional legal problems and may constitute document alteration. The proper approach is a separate corrective document. Learn about corrective deeds.
FAQs
Does a misspelled name invalidate a deed?
Not necessarily. A misspelling may not affect the deed's validity if the parties and property can be clearly identified. However, it creates a title issue that must be addressed before the title can be insured.
How long does it take to fix a misspelled name?
A simple affidavit of correction or corrective deed prepared and signed by the parties can be completed relatively quickly. If the parties cannot be located or disagree, the process may take longer. Learn how long curing title defects takes.