Jacksonville Corrective Deeds
When properly executed and recorded, a Jacksonville corrective deed will allow a person to fix any errors an original deed contains. Correcting a mistaken legal description of the property is one of the most common reasons for using a corrective deed, but there are other errors that could render an original deed invalid. Typically, when there are significant mistakes on an original deed, it is necessary to create a new deed. However, using a corrective deed can validate an invalid deed once it is made a matter of public record. A Jacksonville corrective deed lawyer can help with the process.
When Do You Not Need a Jacksonville Corrective Deed?
Many people think that any time an original deed contains a mistake, they have to obtain a corrective deed. This is a common misconception and sometimes, an original deed is still considered valid even when it contains an error. The Florida Bar Association has stated that very small errors that do not affect the legality of the deed, such as a mistaken date, do not need a corrective deed. It is important to speak with a lawyer when an original deed contains an error. A lawyer can advise on whether a corrective deed is necessary, and may save you the cost of executing one.
When Do You Need a Jacksonville Corrective Deed?
People most often use corrective deeds to fix information on the original deed that will impact the legal effectiveness or intended outcome of the original. For example, if the name of the grantor or grantee – the original owner and the new owner, respectively – are incorrect, a corrective deed is necessary. Corrective deeds are also needed when legal descriptions are inaccurate, as it could result in a misclassification of the property.
Not all mistakes made on original deeds are the same. A scrivener’s error is a specific type of mistake that affects the legal description of the property and that was made by the clerk who drafted the deed. Florida law states that these mistakes must be fixed using a curative notice, as of July 1, 2020, and that notice shall become a matter of public record. Scrivener’s errors only apply to a block or lot that does not contain more than one unit, or an error that affects the directional designation of one piece of land.
When the statutory requirements are met, and a corrective notice has been made part of public record, the deed will be treated as though the scrivener’s error never occurred.
Call Us for Your Corrective Deed in Jacksonville Today
Jacksonville corrective deeds are very important when an original deed contains an error, but that does not mean executing them is always straightforward. The last thing you want to do at this point is allow another mistake to be made. If you have an original deed that contains an error that needs correcting, our attorneys at My Florida Deed can help you execute and record it. Contact us today by calling 407-205-2906 or contact us online to get the corrective deed form, and the sound legal advice, you need.