I was trying to transfer new real property into my trust and left off our last name in the name of the family trust. I've heard of the scrivener's error affidavit. Does this work in Colorado?
Personally, I would issue a new quitclaim deed correcting it from the erroneous deed to how it should properly read.
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You would file a correction deed.
I am not a CO attorney, laws vary from state to state, therefore you should always consult a local attorney.
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A mistake in a deed may be corrected by executing a new and corrected deed, provided all the grantors in the incorrect deed are still living and competent to make a conveyance. If the rights of innocent third parties will not be prejudiced, the corrected deed may take effect as of the time of the erroneous deed and be as effective as a judgment reforming the original conveyance.
The correction deed should be drafted in the same manner as deeds generally except that an explanatory statement should be added in the space below the description, of which the following is an illustration:
This deed is given to correct the description used in a former deed between the parties hereto, dated January 3, 2000, and recorded on January 4, 2000, in Book 301, at Page 20 of the real property records of the office of the clerk and recorder of Boulder County, Colorado.
Hope this information is helpful.
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