Georgia Cancellation of Erroneous Deed is a legal process used to correct a deed that was mistakenly recorded or contains errors. This process is essential for rectifying any inaccuracies or discrepancies in property ownership. There are two different types of Georgia Cancellation of Erroneous Deed: 1. Corrective Deed: A Corrective Deed is commonly used when minor errors or mistakes occur in the original deed. It allows the property owner to clarify and amend any erroneous information such as misspelled names, incorrect legal descriptions, or typographical errors. By filing a Corrective Deed, the property owner effectively cancels the erroneous deed, replacing it with a corrected version. 2. Quiet Title Action: In more complex cases where the ownership dispute arises due to an erroneous or defective deed, a Quiet Title Action may be required. This legal proceeding aims to eliminate any cloud on the property's title by confirming the rightful owner and addressing any competing claims. A Quiet Title Action essentially cancels the erroneous deed and establishes a clear and marketable title. To initiate the Georgia Cancellation of Erroneous Deed process, the property owner or their legal representative must file a petition with the appropriate Georgia court. The petition should include a detailed explanation of the error, evidence supporting the claim, and a proposed corrected version of the deed. The court will review the documentation, consider any objections, and make a decision accordingly. Once the court approves the cancellation, the corrected deed is recorded in the county land records, serving as an official replacement for the erroneous deed. This effectively removes any legal confusion or dispute related to the property's ownership and ensures accurate and reliable property records. In order to pursue a Georgia Cancellation of Erroneous Deed successfully, it is highly recommended seeking guidance from a qualified real estate attorney. Their expertise will guide property owners through the intricate legal process, ensuring all necessary steps are taken and relevant documents are properly prepared.
Georgia Cancelation of Erroneous Deed
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In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on payment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property to the grantor or the grantor's heirs, ...
In common mistake cases: the terms of the contract are agreed, but. the parties enter a contract with: the same misapprehension of fact or law, which relates to the same subject matter. The mistake is common between the parties: they make the same mistake.
There are various types of mistakes in contracts one may make and they can render the contract void or voidable depending on the parties. Types of mistakes in contracts can be classified into three categories which are: common mistakes, mutual mistakes, unilateral mistakes all of which we intend to look at.
A correction deed, also known as a confirmatory or corrective deed, is a legal document used to fix errors on a property title that is recorded. Property owners can use this special type of deed to amend common errors such as misspellings, incomplete names, and other missing information.
A mutual mistake occurs when the parties to a contract are both mistaken about the same material fact within their contract. They are at cross purposes. There is a meeting of the minds, but the parties are mistaken. Hence the contract is voidable.
Mutual material mistake There was a material mistake, meaning that it must concern one or more basic assumptions on which the contract was made; The party was adversely-affected by the mistake; The mistake was mutual, meaning both parties had the same mistaken belief; and.
Elements of defense of mutual mistake of law. - Mutual mistake of law is good defense against action to recover money under contract of purchase when there is full knowledge of all facts, provided mistake be clearly proved and plaintiff cannot in good conscience receive money sued for.
Any mortgagor who has paid off his or her mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled.
