New Jersey Corrective, Correction or Confirmation Deed - Correction of Mistakes in Prior Deed

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US-02129BG
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Description

A deed of confirmation or correction can operate to remove doubts as to the effectiveness of a prior deed that contained irregularities, but was not completely void. While any doubts as to the effectiveness of a deed could be resolved by the execution of a second deed or a quitclaim deed, a confirmation deed may be preferable where the parties desire that the effective date of conveyance be on the date the first deed was executed.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.? (Civ.

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.

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.

Correcting Deed Mistakes Such an amendment to the original deed is called a Scrivener's Affidavit. Because a Scrivener's Affidavit simply clarifies that there was a mistake with the prior deed or deeds, in the case that such an affidavit is required, one can then move forward with receiving title insurance in full.

A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.

For the most part, the deeds are recorded fairly promptly, but take six to ten weeks to get back a recorded deed from the clerk's office, so be patient.

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. The new instrument is recorded in the public record.

A Deed can be prepared by the grantor, but NJ requires that a licensed attorney in this state can only prepare a Deed on someone's behalf. Effective date of transfer must be printed on first page of Deed (transfer date would be the closing date of the conveyance).

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New Jersey Corrective, Correction or Confirmation Deed - Correction of Mistakes in Prior Deed