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I made a minor error in a deed I filed. How do I fix it?

Denver, CO |

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?

Attorney Answers 3


  1. Best answer

    Personally, I would issue a new quitclaim deed correcting it from the erroneous deed to how it should properly read.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


  2. 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.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


  3. 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.

    Kind regards,

    Cyrus

    Please note responses provided on the Avvo forums are general in nature and are not legal advice. It may not be applicable to your situation or to the limited fact pattern provided. No attorney client relationship is formed by it and no attorney-client relationship is formed with the author unless and until a formal written engagement letter is prepared and accepted by both the potential client and the firm. Furthermore, forum responses do not represent the opinions or views of any third party.

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