New Mexico Cancelation of Erroneous Deed
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How to fill out Cancelation Of Erroneous Deed?
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FAQ
A Scrivener's-Error Affidavit may be used to correct a drafting or clerical errors in: (1) a legal description, such as omission of a word(s); (2) the name of a Subdivision; (3) plat recording information; (4) a metes & bounds description, if bearings or distances are omitted, but may not increase or decrease the land ...
A deed must meet the following requirements to be valid: (1) be in writing; (2) name the parties; (3) give the legal description of the property; (4) specify the legal rights being conveyed; (5) include a consideration; and (6) be signed by a competent grantor and witnessed by two persons.
The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he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.
What can be construed as a VOID deed? A forged deed. A deed signed by a person determined to be mentally incapacitated. A deed signed by someone who totally does not understand what they are signing. A deed in which the Grantee was typed in without the Grantor's authorization.
A deed conveying real property may have been recorded but not delivered and a court could deem the conveyance void if a party can prove that delivery was not made or that there was no intent to unconditionally convey title at the time the deed was delivered.
Specifically, if the deed is void, it does not pass title and cannot be enforced even if recorded and even if title is later acquired by a bona fide purchaser.
