This form is a Correction Warranty Deed where the Grantor is an individual and the Grantee is an individual. This deed is used to correct a mutual mistake: misspelled name of a party. This deed complies with all state statutory laws.
Texas Correction Warranty Deed
Category:
State:
Texas
Control #:
TX-094-78
Format:
Word;
Rich Text
Instant download
Description
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Key Concepts & Definitions
Correction Warranty Deed: A legal document used to correct errors in a previously issued warranty deed. It ensures the property title remains intact and clear.
- Warranty Deed: A deed that guarantees a clear title to the buyer of real estate, free from any encumbrances or claims.
- Corrective Deed: Similar to a correction warranty deed, it addresses and rectifies errors in a prior deed.
- Quitclaim Deed: Transfers any ownership interest the grantor might have in a property without warranties regarding the quality of the title.
Step-by-Step Guide
- Identify the Error: Review the original warranty deed to pinpoint the exact error, such as a misspelled name or incorrect property description.
- Consult an Estate Attorney: Seek professional advice to ensure the corrective deed complies with local estate laws.
- Prepare the Corrective Deed: Draft the correction warranty deed including all corrected information and referencing the original deed.
- Sign and Notarize: The corrected deed must be signed by all parties involved in the original deed and notarized.
- Record the Deed: File the correction warranty deed with the local county recorders office to make it legally binding.
Risk Analysis
Using a correction warranty deed involves certain risks such as further clerical errors during correction, failure to comply with state laws, or challenges by third parties claiming an interest in the property. Careful drafting and professional legal oversight are essential.
Best Practices
- Always use a reputable and experienced estate attorney to handle real estate transactions and corrections.
- Double-check all details on the corrected deed before signing.
- Ensure timely recording of the corrective deed to avoid legal complications.
Common Mistakes & How to Avoid Them
- Neglecting to Record the Deed: Always record the corrected deed promptly to avoid unrecorded changes that could affect property rights.
- Oversights in Correction: Review every detail of the correction warranty deed multiple times to prevent repetitive errors.
FAQ
- What is the difference between a warranty deed and a correction warranty deed? A warranty deed ensures a clear title at the time of property transfer, while a correction warranty deed fixes errors in a previously issued warranty deed.
- Do I always need an attorney for a correction warranty deed? While not always legally required, consulting with an estate attorney is highly recommended to avoid legal issues.
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FAQ
Find the most recent deed to the property. It is best to begin with a copy of the most recent deed to the property (the deed that transferred the property to the current grantor). Create a new deed. Sign and notarize the deed. File the documents in the county land records.
Fill out the "grantor" section of the warranty deed. The grantors are the givers, or current owners, of the property. Use the legal name of each grantor and insert current addresses after each grantor's name.
Write the county where the property is located on line provided next to the words "County of" beneath the words "The State of Texas." Write the name and address of the grantor on the lines provided after the words "Know all men by these presents, That I."
You can change your name on title deeds by completing form AP1 and providing the relevant documentation, such as a marriage certificate, deed poll certificate or a sworn declaration. You can also change your gender on title deeds using form CNG and providing appropriate proof of the change.
Re-recording of the original document. With corrections made in the body of the original document. A cover sheet detailing the changes. Must be re-signed and re-acknowledged. Correction Deed. A new deed reflecting the corrections/changes. Must meet all recording requirements of a deed.
In Texas, a correction deed is the deed issued to make changes to an erroneous deed, referred to as the corrected deed. These two instruments are closely linked, and all corrections are effective as of the date of the original recorded instrument (Property Code Sec. 5.030).
Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Original Grantor(s) signature(s) obtained. Deed is re-executed. Re-acknowledgment before a notary.