The facts here are skeletal (not sure what kind of deed this was, the relationship between grantor and grantee, and who prepared it), but what you're asking to do would be ineffective. I litigated a case with a similar issue and will quote a portion of the pleading that was taken from the Title Notes from Attorney's Title Insurance Fund. “Unless the corrective deed has been re-executed and re-acknowledged by the original grantor, it should not be relied on to correct the errors in the legal descriptions, because the corrections would not be binding on the grantors”. FUND TITLE NOTES, 10.03.03 Corrective Deeds, Page 10-9. You will need to have the deed re-executed by the grantors, otherwise the correction is invalid. If you are the grantor and the grantee, then simply have a corrective deed drawn up with the proper language - this time, use a lawyer if you did not do so before. The cost would be de minimis for the simple preparation of a corrective deed.
You cannot alter a deed once it has been notarized. There are ways to correct this involving you and the co-tenant (owner) executing a new deed. Contact an experienced Real Estate Lawyer, who will be able to assist you. Do not do this on your own.
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The answer to your question is "NO!" Now that the flawed deed is recorded, it will have to be properly corrected. There was obviously no attorney involvement in the first "mis-deed" but I would suggest not making THAT mistake a second time! Deed errors can wreak havoc if you ever want to mortgage or sell the property with the flawed deed. Get it done RIGHT this time, (i.e., hire a lawyer to draft the deed and DON'T DO IT YOURSELF!)
My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts and Planning for the care of disabled children and adults.
Yes. You can prepare a Corrective Deed and list the reason you are correcting it, Without seeing the deed you prepared, one can not provide legal advice. However, if it is to add that language, that is what you would need to do.
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