Mecklenburg North Carolina Cancelation of Erroneous Deed

State:
Multi-State
County:
Mecklenburg
Control #:
US-OG-948
Format:
Word; 
Rich Text
Instant download

Description

This form is a cancellation of erroneous deed.

Mecklenburg County, located in the state of North Carolina, offers the opportunity to correct erroneous deeds through a legal process known as "Mecklenburg North Carolina Cancellation of Erroneous Deed." This procedure allows property owners or interested parties to rectify any errors or mistakes found in their property deeds, ensuring accurate ownership records and protecting their property rights. The Mecklenburg North Carolina Cancellation of Erroneous Deed process is designed to address various types of mistakes that may have occurred during the creation or recording of a property deed. These errors can include incorrect property descriptions, misspellings of names, improper legal descriptions, or other mistakes that may affect the accuracy of the deed. There are different types of Mecklenburg North Carolina Cancellation of Erroneous Deed procedures, depending on the specific issue at hand: 1. Corrective Cancellation: This type of cancellation is used when a minor error needs to be corrected, such as a typo in the property description or a misspelled name. The process involves filing a petition with the Mecklenburg County Clerk of Superior Court, providing evidence of the mistake, and requesting the correction. 2. Mutual Cancellation: This procedure is utilized when both parties involved in the erroneous deed agree to its cancellation. This may occur when there is a mutual understanding that errors were made or if both parties wish to rectify a previous transaction. Both parties would need to sign an agreement confirming the cancellation and file it with the County Clerk of Superior Court. 3. Judicial Cancellation: In cases where there is a dispute or disagreement regarding the erroneous deed, a judicial cancellation may be pursued. This involves filing a lawsuit in the Mecklenburg County Superior Court, presenting evidence of the error or mistake, and requesting the court to issue an order canceling the deed. The Mecklenburg North Carolina Cancellation of Erroneous Deed process is crucial in maintaining the accuracy of property records and protecting the rights of property owners. It ensures that any mistakes or errors in a property deed are rectified, providing clarity and certainty in property ownership and transactions within Mecklenburg County.

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FAQ

All real estate records are public records and are available for inspection between the hours of 8 a.m. and 5 p.m. Monday through Friday. The Register of Deeds Office is located in the County and Courts Office Building, 720 East Fourth Street, Charlotte, NC 28202.

If either party has found an error in the sale deed, the buyer and the seller will have to make an appearance in the sub-registrar's office, where the deed was previously registered. They will have to submit an application to the official, seeking correction in the document, along with all the supporting documents.

To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.

A cancellation is a document showing proof that you have paid a deed of trust (instrument that secures the repayment of a sum of money or the performance of other conditions) in full. A recorded cancellation releases the deed of trust from the land records in the county where the property is located.

FeffWhen someone finances a home, the lender secures the loan to the home by having the borrower sign either a mortgage or a deed of trust. The lender then records the document in the public records were the home is located....Mortgage States and Deed of Trust States. StateMortgage StateDeed of Trust StateNorth CarolinaYNorth DakotaYOhioYOklahomaY47 more rows

It is the responsibility of the owner or noteholder to cancel the Deed of Trust in the county where it was recorded. There is NO FEE to cancel a note. The borrower can contact the Register of deeds office to verify that the loan has been marked satisfied or canceled before requesting a copy of the record.

In North Carolina, property owners generally have three options for correcting errors within property deeds. These include using an affidavit of correction, also known as a scrivener's affidavit; re-recording the original deed; or using a newly-drafted correction deed.

When done properly, a deed is recorded anywhere from two weeks to three months after closing.

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.

Once the transfer is complete, there is no way to nullify or undo a quitclaim deed unless both parties consent to the arrangement. If the original grantor does agree to take back the property, you must draft and file a new quitclaim deed to void the original.

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Mecklenburg North Carolina Cancelation of Erroneous Deed