Illinois Cancellation of Erroneous Deed is a legal procedure aimed at rectifying a mistake made in a previous deed. In certain situations, an erroneous deed might be recorded due to a typographical error, miscommunication, or other factual errors. To correct such errors and maintain the accuracy of property records, the Illinois Revised Statutes provide a specific process for canceling erroneous deeds. There are two different types of Illinois Cancellation of Erroneous Deed: 1. Judicial Cancellation: Under this type, the cancellation of an erroneous deed requires a court order. The party seeking the cancellation must file a lawsuit in the circuit court where the property is located. They need to provide sufficient evidence that there was a mistake in the original deed, such as incorrect property descriptions, erroneous names, or inaccurate legal descriptions. The court will examine the evidence and, if satisfied, issue an order canceling the erroneous deed. 2. Non-Judicial Cancellation: This type of cancellation does not involve the court system but instead relies on cooperation between the parties involved. The person or entity that executed the erroneous deed, known as the granter, willingly signs and records an affidavit of error or a corrective deed. The affidavit of error outlines the mistake made in the previous deed, while the corrective deed rectifies the errors by accurately restating the intended facts. Both documents need to be notarized and recorded in the county where the property is located. Keywords: Illinois, Cancellation of Erroneous Deed, typographical error, miscommunication, factual errors, property records, Illinois Revised Statutes, court order, lawsuit, circuit court, property descriptions, erroneous names, legal descriptions, evidence, judicial cancellation, non-judicial cancellation, granter, affidavit of error, corrective deed, notarized, recorded.
Illinois Cancelation of Erroneous Deed
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How to fill out Cancelation Of Erroneous Deed?
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A scrivener is a writer or professional drafter of instruments such as contracts, wills, or other documents; a scribe. [Last updated in July of 2021 by the Wex Definitions Team]
If a deed description has an incorrect lot number or has a typo in the course or distance call in the description, a scrivener's affidavit is an easy way to correct the error. One thing a scrivener's affidavit can't fix is use of the wrong name for the grantee in a deed.
Small mistakes, like misspelling or omitting a word, can often be corrected with a scrivener's affidavit. The affidavit describes how the incorrect part of the deed should read, and the affidavit is signed and recorded by the person who wrote the deed.
What is a Scrivener's Affidavit? Scrivener's Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener's Affidavit doesn't correct anything. Instead, it simply adds information to the property records to help clarify something about the prior deed.
In Illinois, to state a cause of action for reformation, a party must prove five things: (1) the existence and substance of an agreement between the parties and the identity of the parties to that agreement; (2) the parties agreed to reduce their agreement to writing; (3) the substance of the written agreement; (4) a ...
How Do I Fill Out a Scrivener's Error Affidavit? The date the clerk recorded the document. The names of all people that signed the original document. The name of the person who prepared the original document and their job title.
You simply download a free form directly from your county clerk's website and submit it on your own. It can offer a property tax benefit. When you quitclaim a deed to another individual, you are no longer responsible for paying property taxes for that particular property.
When correcting a minor error and re-recording the prior deed, use the original deed only, strike through the wrong information, and write the correction down close to it and by hand. Usually, a cover page must be added, stating the important identifiers, as well as the reason for re-recording.
