Quick Answer
A corrective deed is a deed used in appropriate circumstances to correct an error in a prior deed. It can address issues such as a misspelled name or an incorrect legal description. However, it is not a cure for every ownership problem, and its effectiveness depends on the nature of the error, state law, and whether the correction is truly correcting an error or attempting a substantive change.
What Can a Corrective Deed Potentially Fix?
- Misspelled names: When a name on a prior deed was spelled incorrectly. Learn how to fix misspelled names.
- Incorrect legal descriptions: When the description does not accurately identify the property. Learn what happens when the legal description is wrong.
- Scrivener's errors: Clerical mistakes in drafting that do not reflect the parties' original intent. Learn about scrivener's errors.
- Recording errors: When the recorded version differs from the signed original.
- Missing or incorrect marital status information: In some jurisdictions.
What Can't You Assume a Corrective Deed Can Fix?
- Adding or removing a party who was not part of the original transaction
- Changing the type of ownership (e.g., from joint tenancy to tenants in common)
- Correcting a fraudulent or forged deed (different legal issues apply)
- Substantive changes that affect rights of third parties who relied on the original deed
- Errors that occurred because the original grantor did not have authority to convey
Who Signs a Corrective Deed?
Typically, the same parties who signed the original deed should sign the corrective deed, or their successors in interest. The corrective deed should reference the original deed and clearly state what is being corrected. Recording the corrective deed provides public notice of the correction.
Why Title Review Matters for Corrective Deeds
A corrective deed is a legal document. Having a title professional or attorney review the corrective deed before recording helps ensure it addresses the error properly and does not create new issues. The title company's underwriting department may also need to approve the corrective deed before accepting it as a cure for title defects. Learn about title requirements.
FAQs
Is a corrective deed the same as a new deed?
No. A corrective deed references and corrects a specific error in a prior deed. It does not create a new transfer of ownership. A new deed would be appropriate for a new transfer, not a correction.
Does recording a corrective deed require new taxes or fees?
Recording fees apply, but transfer taxes may not be required for a purely corrective deed, depending on state law. Check with the county recorder's office or a title professional for jurisdiction-specific requirements.