Texas Cancelation of Erroneous Deed
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How to fill out Cancelation Of Erroneous Deed?
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FAQ
If the trial court finds the grantor intended the deed to take effect at some point in the future, or if the trial court finds the grantor thought the deed would not be effective until some subsequent act was performed, then there was no delivery and the deed is void and ineffective.
Better yet, the deed is not irrevocable?as some trusts are. The property owner can change their minds. They can sell the property without the remainderman's consent or even revoke the deed.
The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he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.
However, the deed can only be set aside by filing a lawsuit requesting cancellation of the deed and a subsequent decree which annuls and cancels the deed.
In order to cancel a contract for deed, a seller needs to complete a form called a notice of cancellation of contract for deed, and have the notice personally served on the buyer.
These two classes of ?Dirty? deeds are treated differently ? and with differing criteria for setting them aside ? based upon whether they are categorized as ?forged? or ?fraudulent.? Under Texas law, a forged deed is void. However, a deed procured by fraud is voidable rather than void.
Texas law states a clear distinction between forged deeds and fraudulent deeds. Forged deeds are declared as void, passes no title, and are treated as null. A fraudulent deed is voidable and will be passable until set aside or struck down by the Court.
