Florida Corrective Deeds
Executing a Florida corrective deeds allows you to correct any mistakes contained within the original deed. These corrections may include improper legal descriptions, or any other information that would deem the previous deed invalid. Any time an original deed has significant mistakes, a new deed is necessary. However, corrective deeds can be used to render an invalid deed valid once again, but the corrective deed must be considered a public record. This will clarify the intent and nature of the original deed. Our Florida corrective deed lawyer can assist.
Flat Fee: $175.00
When is a Florida Corrective Deed Not Necessary?
It is natural to assume that every time an original deed contains an error, you must execute a corrective deed. Fortunately, that is not true and some mistakes can be left on the original deed, saving some from the fee of executing one. According to the Florida Bar Association, insignificant errors such as an incorrect date, or even the lack of a date, do not require a corrective deed to fix. The Bar not only recommends leaving these errors, but actually advises against correcting them. Still, any time an original deed does contain important errors, it is essential that they are corrected with a corrective deed.
When is a Florida Corrective Deed Necessary?
The main reason people execute corrective deeds is to correct information that affects the intended outcome or the legal effectiveness of an original deed. So, if the names of the grantors or grantees are incorrect, or the legal description contains a typographical error that results in the misidentification of the property, a corrective deed must be executed. When mistakes are found in deeds that contain meets and bounds descriptions, quitclaim deeds, or other mistakes, a corrective deed is necessary to fix those errors.
What are Scrivener’s Errors?
A Scrivener’s Error is essentially a mistake made by the clerk that drafted the deed and that affects the legal description. As of July 1, 2020, these mistakes must be corrected using a Curative Notice that is a matter of public record. The Florida Statutes define these errors as mistakes or omissions pertaining to a lot or block of no more than one unit, or a mistake or omission that impacts the directional designation of one tract of land.
As long as the statutory conditions are fulfilled, and a Corrective Notice is drafted, any deed that contains a Scrivener’s Error will convey title to the intended real property in the same way as though no error was made. Also, any erroneous deed that contains the same Scrivener’s Error will convey title to the property as though no error had been made.
Get Your Florida Corrective Deed Application Today
If you have a deed that contains errors and needs correction, you need a Florida corrective deed form from My Florida Deed today. Our clients enjoy personalized service that is tailored to their needs, and that will allow them to get the proper deeds quickly and efficiently. Call us today at 407-205-2906 or fill out our online form to schedule a meeting and to learn more about how we can help.
The most common reason for correcting a deed is to fix information that impacts the legal effectiveness or intended outcome of the original deed. This can include that the grantees or grantors are not accurate, or a typo in the legal description that causes a misidentification of the subject property. Errors found in quitclaim deeds, deeds containing meets and bounds descriptions, or errors other than those outlined below are corrected by recording corrective deeds.
Effective July 1, 2020, Scrivener’s Errors (clerical mistakes in the drafting of the deed) found in legal descriptions shall be corrected by Curative Notice recorded in the public records. Florida Statute 689.041 defines Scrivener’s Errors as:
- A single error or omission in a lot or block (transposition counts as one error);
- A single error or omission in no more than one of a unit, building or phase of a condominium or cooperative unit; or
- An error or omission in no more than one directional designation of tract of land.
So long as the statutory conditions are met, and the Corrective Notice is recorded, the deed containing the Scrivener’s Error conveys title to the intended real property as if there had been no scrivener’s error. Likewise, each subsequent erroneous deed containing the identical scrivener’s error conveys title to the intended real property as if there had been no such error.
Please answer all questions in the form below
Real estate deeds are recorded in the county where the property is located. It is extremely important to provide the county where the property is located, otherwise your deed will be legally void and completely ineffective. Some cities in Florida are located in more than one county, which can cause confusion. If you are not sure what county the subject property is located in, select “I’m not sure” on the pull-down menu and we will research the matter for you.
While it is not absolutely necessary for preparing your deed, knowing the physical address can help us properly locate and identify the property. If you don’t know the street address, you can leave this field blank.
It is helpful if you can upload a deed which was previously recorded for the subject property. If you don’t have a prior deed, don’t worry. We will locate one in public records.
This is important to know because all of the current owners (and sometimes their spouse) need to sign your new deed in the presence of two witnesses and a notary in order for you deed to be legally valid.
Because Florida homestead laws give ownership rights to spouses who are not on title of homestead property (primary residences), the spouse of an owner who is not on title will be required to execute the deed as well as the spouse who is a current owner.
Identifying the number of new owners is crucial to completing your new deed.
We need to know who the current owners are because we have to determine their marital status for purposes of preparing your new deed. If you don’t know this information, we can search public records to find it.
The marital status of each owner is important, because in some circumstances the spouse of an owner will be required to execute the deed even though he or she is not an owner of record on the subject property. Florida homestead laws give ownership rights to spouses who are not on title of homestead property (primary residences).
This is probably the most crucial information that our firm has no way of obtaining other than through information you provide. It is very important to provide the full legal name of each new owner of the property.
The marital status of the new owners is also crucial to properly preparing your new deed, especially if the property will be the primary residence (homestead) of any of the new owners.
Tenancy in Common – TIC Tenancy in common (TIC) is an arrangement where two or more people share ownership rights in a property or parcel of land. When a tenant in common dies, the property passes to that tenant's estate. Each independent owner may possess and control the property. The co-tenants may have a different share of ownership interests. For example, Mike and Sally may each own 25% of a property, while Ed owns the remaining 50%. While the percentage owned varies, no individual may claim ownership to any specific part of the property, only an unspecified percentage.
Joint Tenants with Right of Survivorship – JTWROS A joint tenancy or joint tenancy with right of survivorship (JTWROS) is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, without probate. The deceased owner's interest in the property simply evaporates and cannot be inherited by his or her heirs. Under this type of ownership, the last owner living owns all the property, and on his or her death the property will form part of their estate. Unlike a tenancy in common, where co-owners may have unequal interests in a property, joint co-owners have an equal share in the property.
Tenants by the Entirety - TBE Like a Joint Tenancy with Rights of Survivorship, the tenancy by the entirety (TBE) also encompasses a right of survivorship, however this form of ownership is only available in Florida to married couples. With properties that are owned as TBE, if one spouse dies, the entire interest passes to the surviving spouse without going through probate.
The date that the deed is signed by the current owners (Grantors) is the legally operative date of the deed. Under Florida law a deed does not need to be recorded in public record to be valid, however it is crucial to record the deed to put “the World” on notice of the transfer. If a subsequent party records an interest in real property in reliance on recorded documents in the public record, the new owners’ interest in the subject property could be adversely affected by a failure to timely record the new deed once it has been properly executed.
Please explain the issue with the deed that needs to be corrected with specificity. Give us as much information as you can about why the deed needs to be corrected, including the legal names of intended grantors or grantees, or why the legal description is incorrect (if applicable).