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My Florida Deed > Tampa Corrective Deeds

Tampa Corrective Deeds

Regardless of how meticulous a person is, mistakes are still sometimes made. Errors can occur and cause problems when one person wants to transfer real estate to another person using a deed. These mistakes usually occur in one of two ways. Either there is a mistake on the deed, such as a spelling error, or there is an error of execution, such as failing to have the deed properly witnessed. As soon as these mistakes are discovered, it is important to fix them as soon as possible. A Tampa corrective deed lawyer can help.

What is a Tampa Corrective Deed?

A corrective deed in Tampa is one that corrects problems in deeds that have already been recorded. Corrective deeds do not create a new interest in the property. Instead, they simply correct the deed that relates to the previous transfer of ownership. For example, if you record a deed that has a typographical error in the legal description, you would need a corrective deed to fix that mistake.

On the other hand, there are some issues that do not require a corrective deed, even though they may be an error. For example, if the original deed has an incorrect date or is missing a date, the Florida Bar Association has determined that these issues do not require corrective deeds.

How to Execute a Tampa Corrective Deed

Executing a corrective deed begins with the deed that has already been recorded. There are three main changes that will convert the original deed to a corrective deed. These are as follows:

  • Change the title: Simply changing the title of the original deed to show “corrective” will allow third parties to see that the document is being filed to fix mistakes on a previous deed.
  • Fix the mistake: You then have to fix the mistake contained within the original deed. For example, if the error was a typo in the legal description, you simply have to correct that information.
  • Explain your actions: You do need to include an explanation for the correction. In your explanation, include the title of the original deed, where it was executed, and the exact change made to the original deed. This statement can be included anywhere on the original deed, but it is usually provided under the legal description in the deed.

A Scrivener’s Affidavit

Scrivener’s affidavits are sometimes confused with corrective deeds, but the two are different. Scrivener’s affidavits are statements made by the party that wrote the deed and, because they are affidavits, these statements are sworn. Instead, a Scrivener’s affidavit only provides additional information to the records for the property that help clarify information about a previous deed.

Call Us Today for Help with Your Tampa Corrective Deed

If you need to correct a prior deed using a Tampa corrective deed, our attorneys at My Florida Deed can help. Call us today at 407-205-2906 or contact us online to receive the forms and information you need to make the necessary corrections.

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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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