Florida Scrivener's Error in Deed
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How to fill out Scrivener's Error In Deed?
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FAQ
Florida Statute § 689.041 establishes a procedure for mere typographical or inadvertent mistakes (also known as ?scrivener's error?) in the description or identification of real property in deeds.
County Forms Correct common errors in a deed, such as typographical mistakes or omissions in various sections of the original deed, by using a corrective deed, which must be signed by the grantor and witnesses and re-acknowledged.
Forgeryand fraud A forged deed is void under Florida law and is a third-degree felony. The term covers the fraudulent production of a legal document or making alterations to a legal document which may render it void. These forged documents can make their way into public records and be treated like legitimate documents.
A Corrective Deed is used to fix/correct an error on a California deed which has already been recorded. This type of deed does not create a new interest. The Corrective Deed will correct the deed document on the earlier transfer of interest.
Provide a real estate attorney with the prior deed and/or legal description of the property. Once the attorney prepares the new deed, the current owner or party who is updating their interest in the property signs the new Deed in the presence of two witnesses and then has their signature notarized.
Under Florida law, an unrecorded deed that is notarized and delivered, will be valid as between the parties (the grantor and grantee). However, as far as creditors or purchasers, an unrecorded deed is void because there was no notice of the transaction.
Scrivener's Affidavits These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.