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A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.
If however, this is not your debt and the lien has wrongfully been placed on your property, then you should first seek to get the creditor/lender to voluntarily release the lien. If they refuse, you could then file a lawsuit to get the lien removed and possibly obtain damages for slander of title.
A correction deed is a new deed signed and acknowledged by the grantor. A correction affidavit can be signed by either party but is used in limited situations. This press release was authorized by Mark W. Bidwell, an attorney licensed in California.
Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Obtain the original signature(s) of the Grantor(s). Re-execute the deed with proper notarization and witnessing.
A correction deed confirms the covenants and warranties of the prior deed. It needs to refer to that instrument by indicating its execution and recording date, the place of recording, and the number under which the document is filed. It also must identify the error or errors by type before supplying a correction.
If a deed is to have any validity, it must be made voluntarily.If FRAUD is committed by either the grantor or grantee, a deed can be declared invalid. For example, a deed that is a forgery is completely ineffective. The exercise of UNDUE INFLUENCE also ordinarily serves to invalidate a deed.
In Texas, a correction deed is the deed issued to make changes to an erroneous deed, referred to as the corrected deed. These two instruments are closely linked, and all corrections are effective as of the date of the original recorded instrument (Property Code Sec. 5.030).
A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.
You can correct an error on a California deed through a Correction Deed or Corrective Deed. Usually deed errors are as a result of someone attempting to prepare a deed without proper knowledge or professional help.