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What is a Correction Deed? A correction deed, or correction instrument, is used to clarify ambiguities or cure errors in an existing instrument conveying real property without having to resort to judicial reformation.
Generally, all parties who signed the prior deed must sign the correction deed in the presence of a notary, who will acknowledge its execution. Then record it in the country court records system to make it valid.
A One and the Same Affidavit or an Identity Affidavit may be used in Texas when the current owner has changed his or her name or when there was an error in the spelling of the current owner's name in his or her deed.
Section 5.030 - Correction Instrument: Effect (a) A correction instrument that complies with Section 5.028 or 5.029 is: (1) effective as of the effective date of the recorded original instrument of conveyance; (2) prima facie evidence of the facts stated in the correction instrument; (3) presumed to be true; (4) ...
Section 5.028 - Correction Instruments: Nonmaterial Corrections (a) A person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from a clerical error, including: (1) a ...
Theparties to the original transaction or the parties' heirs, successors, or assigns, as applicable may execute a correction instrument to make a material correction to the recorded original instrument.
A correction instrument is subject to the property interest of a creditor or a subsequent purchaser for valuable consideration without notice acquired on or after the date the original instrument was acknowledged, sworn to, or proved and filed for record as required by law and before the correction instrument has been ...