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Once a deed is recorded it cannot be changed. We recommend you consult a real estate attorney or title company to prepare a new deed. If a married couple held the property jointly as tenants by entireties and one spouse dies, it is not necessary to remove that spouse's name from the deed.

If the mistake in the deed is minor and clearly reflected in the public record, it can be corrected with a simple affidavit. This affidavit stating that the legal description of the property has an error can be drawn up by an attorney, a property surveyor, or the institution that prepared the original deed.

This affidavit typically comes in the form of a short paper that is aimed at correcting minor errors in existing legal documents. Among such errors might be typographical errors, misspellings of a name, etc. But when it comes to significant changes to the document, a scrivener's affidavit is not the best way to go.

To do so, the original property owner must add a new co-owner to the deed and choose a form of co-ownership that includes a right of survivorship. Michigan recognizes two co-ownership forms with a right of survivorship: joint tenancy with right of survivorship and tenancy by the entirety.

The deed was forged; The deed was induced by fraud, misrepresentation, coercion, duress, or undue influence; The deed was not delivered, or not delivered properly, and there was no acceptance by the grantee.

(The actual signature of the preparer was a requirement up until recently, but is no longer required.) Note that the Grantor may legally prepare his or her own deed, but only an attorney licensed in the State of New Jersey can prepare a deed for someone else.

Reformation of Deed To reform or change a deed, the parties to the deed must bring a legal action before a circuit court requesting that the court ?fix? the deed by issuing a judgment or order stating the original intent of the parties, and what needs to be legally changed.

Under Florida law, an unrecorded deed that is notarized and delivered, will be valid as between the parties (the grantor and grantee). However, as far as creditors or purchasers, an unrecorded deed is void because there was no notice of the transaction.

Such alterations are better handled through a quit claim deed. The correction deed, also called corrective deed, must state that its sole purpose is to correct a specific error, which is usually identified by type. For example: an error in the grantor's name, or an error in the grantor's marital status.

County Forms Use the corrective deed to correct an error in a previously recorded warranty, special warranty, or quitclaim deed in New Jersey. Once a deed has been recorded, it cannot be changed and remains part of the public record. It is possible, however, to amend that record by adding a newly executed deed.