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Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

Hillsborough Florida Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

Name: Hillsborough Florida Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees
Brand: US Legal Forms
Rating: 4.84 (487 reviews)

Category:

Real Estate - Deeds - Corrections

State:

Multi-State

County:

Hillsborough

Control #:

US-02539BG

Format:

Instant download

Description

A quiet title action is filed by a person or entity claiming title to all or a portion of a specific parcel of property and asks for a ruling that plaintiff's title is superior to any interest held or claimed by any of the named defendants. It is a mechanism to cure defects in the title to property, thereby providing assurance to the owner who brings the action, as well as subsequent purchasers, of the status of title and accuracy of the real property records.

Although a deed expresses the intention of the parties, if there is a material mistake, a court of equity may grant appropriate relief. A court of equity will order the cancellation or reformation of a deed where it appears that a material mistake has been made.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Hillsborough Florida Complaint To Reform Deed - Mistake In Erroneous Names Of Two Grantees?

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FAQ

3d 951, 963 (1981) (purpose of reformation is to make the written contract reflect the parties' mutual intention)). Although reformation is technically a remedy, courts often refer to it as a cause of action and counsel commonly plead reformation as a cause of action (see, for example, George v. Auto. Club of S.

General warranty deeds give the grantee the most protection, special warranty deeds give the grantee more limited protection, and a quitclaim deed gives the grantee the least protection under the law.

The deed must contain the names and mailing address of the current owners of the property (grantors) and the new owners of the property (grantees). The deed must be signed by each current owner (grantor) and witness. The deed must be properly notarized, with all of the correct information filled in.

The legal standard for reformation of a contract requires 1) a written agreement, 2) a mutual mistake (or fraud, or misrepresentation by a party and a mistake by the other party) and 3) proof by clear and convincing evidence.

Florida law does not require a deed to be recorded to be valid in Florida. According to Florida law, a deed is valid between two parties when executed, notarized and delivered. As a practical matter, deeds are usually recorded when executed, signed and delivered; however there may be exceptions.

Reformation is a civil claim brought in a lawsuit. With reformation, a judge formally orders a correction to the contract. The judge might add, delete, or re-word the language of the contract. Once corrected, the judge and the parties can then analyze whether a party has breached the contract.

Correct common errors in a deed, such as typographical mistakes or omissions in various sections of the original deed, by using a corrective deed, which must be signed by the grantor and witnesses and re-acknowledged.

Yes. Even though witnesses for deeds are not required in California, two witnesses are required for deeds in Florida (FS 689.01). Without them, the deed cannot be recorded in the land records.

Reformation is an equitable action that seeks to have a deed reformed to reflect the intention and agreement of the parties because the deed did not accurately reflect that intention and agreement.

Reformation is an action in equity, and basically seeks the judge's approval to change or reform writing on a contract or agreement in order to convey the actual intent of the parties when the agreement was drawn up.

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Hillsborough Florida Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

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Is reformation a cause of action?

Which type of deed gives the grantee the most protection?

Does a deed need to be notarized in Florida?

How do I reform a deed in Florida?

What is required for a valid deed in Florida?

What happens when a court r a contract?

How do I correct a deed in Florida?

Does a deed need to be witnessed in Florida?

What is a reformation action?

What is reformation of mortgage?

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What is the Hillsborough Complaint to Reform Deed?

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What is the nature of the mistake in the names of the two grantees?

Why is it crucial to address this mistake in the deed?

Can the incorrect names of the grantees impact ownership rights?

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