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My Florida Deed > Jacksonville Corrective Deeds

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.

Scrivener’s Errors

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.

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WARRANTY DEED

A Warranty Deed conveys property from the old owner (Grantor) to the new owner (Grantee) together with a guarantee that the Grantor has legal right, title, and interest in the property being conveyed and is authorized to do so. The warranty being given by the Grantor assures the Grantee that no one else has a valid ownership claim in the property. Essentially, it is the Grantor promising the Grantee that the Grantor is the only rightful owner of the property, and as such, the Grantor has the full authority to convey the property. This type of deed further provides a promise from the Grantor to the Grantee that the Grantor will defend against anyone who might come forward at any time in the future and try to make a claim that they had an interest in the property at the time of the conveyance to the Grantee.

This type of deed is generally used when consideration is being paid for the sale of the property between two unrelated parties.

Flat Fee: $175.00

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*Does not include Documentary Stamps, if required by the State of Florida

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Quit claim Deed

A Quit Claim Deed conveys any interest that the old owner (Grantor) may have in the property to the new owner (Grantee). Although this type of deed does successfully convey any interest the Grantor may have, it does not provide a warranty, or guarantee, to the Grantee that the Grantor had the legal right, title, and interest in the property to convey it. That is not necessarily to say that the Grantor does not have the legal right, title, and interest in the property being conveyed. It just relieves the Grantor from binding himself to a promise made to the Grantee regarding the property interest being conveyed.

This type of deed is generally used for the conveyance of property between related parties or when no consideration is being paid, such as for a gift or estate planning purposes. This type of deed is also commonly used for property transfers made in connection with a divorce.

Flat Fee: $175.00

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LADY BIRD Deed

A Lady Bird Deed is a unique form of deed created by statute in the State of Florida, and a powerful tool to avoid probate. With the Florida lady bird deed, you give yourself a life estate interest in your property and appoint remaindermen to become owners immediately upon your death. A life estate is a right to live in the property until your death. Remaindermen are like beneficiaries of your estate, who have a future ownership interest. What makes Florida lady bird deeds so valuable is that you retain full interest in the real property. As the life tenant you reserve for yourself the right to sell, encumber, and otherwise do as you please with the real estate during your lifetime, and without and knowledge or consent of the remaindermen. You may also change the remaindermen at any point in time or even revert the whole interest back to yourself.

Flat Fee: $175.00

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CORRECTIVE Deed

A Corrective Deed can be executed and recorded to fix any errors in the original deed, including those that are otherwise fatal to the validity of the prior deed, such as an improper legal description. If the original deed contains significant errors, a new deed must be executed. A corrective deed is required when a grantor transfers property he or she once owned but does not any longer, errors that exceed simple typos in significance exist in the deed, or the deed lacks sufficient witness(es) or a notary acknowledgment. Invalid deeds can be rendered valid again if a Corrective Deed is made a matter of public record. Doing so clarifies the intent of the original deed.

Flat Fee: $175.00

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