Houston, Texas Scrivener's Error in Deed: Understanding and Resolving Common Types In real estate transactions, a deed is a crucial legal document that signifies the transfer of property ownership from one party to another. However, sometimes errors occur during the drafting or recording process, leading to what is known as a Scrivener's Error in Deed. Houston, Texas, like any other jurisdiction, experiences these errors occasionally, requiring a thorough understanding and appropriate actions to rectify them promptly. A Scrivener's Error in Deed refers to a mistake made by the person, often a lawyer or a title company, responsible for drafting or recording the deed. These errors can range from clerical mistakes, typographical errors, inaccurate property descriptions, incorrect names of parties involved, or other unintended inaccuracies. Despite their non-malicious nature, these errors can cause legal complications and hinder the transfer of property rights in Houston, Texas. Recognizing the importance of addressing Scrivener's Errors, it is essential to identify some of the common types that may occur in Houston, Texas: 1. Clerical or Typographical Errors: These mistakes include misspelled names, incorrect addresses, or transposed digits within the legal description of the property. While seemingly minor, such errors can cause significant problems during property transactions, potentially leading to disputes or difficulties in obtaining title insurance. 2. Incorrect Legal Description: Accurately describing the property within the deed is crucial. Errors or omissions in this aspect can result in legal challenges regarding the exact boundaries and features of the property. It is vital to ensure that the legal description aligns precisely with the property's survey or plat maps. 3. Identification of Parties: A Scrivener's Error can occur when the names of buyers, sellers, or other involved parties are misspelled, incomplete, or even swapped. Accurate identification is crucial to confirm that all relevant parties are correctly identified, minimizing any potential challenges when exercising property rights or obligations. Resolving a Scrivener's Error in Deed in Houston, Texas involves a series of necessary steps: 1. Identify and Document the Error: The affected party must thoroughly review the deed and other related documents to identify the specific Scrivener's Error. Documenting the error's nature and providing evidence, such as the intended legal descriptions or correct identification of parties, is essential. 2. Consult with a Real Estate Attorney: Seek professional advice from a real estate attorney familiar with Houston's laws and practices. They can assess the situation, guide you through the necessary legal processes, and craft a suitable solution to rectify the error. 3. Petition for Deed Correction: With the assistance of an attorney, file a petition with the appropriate Houston, Texas court to correct the Scrivener's Error in the deed. This may involve providing supporting evidence, such as affidavits, expert opinions, or other relevant documentation, to convince the court of the error's presence and the required correction. 4. Obtain Court Approval: Upon review, the court will determine the validity of the Scrivener's Error. If approved, the court will issue an order to correct the deed accordingly, reflecting the intended information accurately. Resolving a Scrivener's Error in Deed is essential to maintain the integrity of property title transfers and ensure the rights of all parties involved. Prompt action and professional guidance are crucial when encountering these errors. By understanding the common types of Scrivener's Errors in Houston, Texas, individuals can take the necessary steps to rectify the situation effectively and efficiently.
Houston Texas Scrivener's Error in Deed
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These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.
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.
First, if the scrivener's error is apparent on the face of the policy, a court may correct that error by applying the general rules of contract interpretation. Second, if a scrivener's error is not apparent on the face of the policy, a court may reform the contract to correct the error if the error is a mutual mistake.
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.
A mistake to the deed occurs when there are misspellings, errors in legal descriptions and/or title, errors in the property address or when a wrong form of co-ownership is used.
How to Correct a Deed 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.
A scrivener's affidavit is a form used to correct minor errors in a legal document that was previously executed. Some of the errors that the scrivener affidavit is used to correct include a typographical error, misspelling of a name, or incorrect strikeover of a word.
A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.
(b) ?Intended real property? means the real property vested in the grantor and intended to be conveyed by the grantor in the erroneous deed. (c) ?Scrivener's error? means a single error or omission in the legal description of the intended real property in no more than one of the following categories: 1.