What to Do If You File a Quitclaim Deed in Error
Quitclaim deeds complete the conveyance of property ownership from one party to another. Quitclaim deeds do not offer a warranty on the property title. Because of this, they are often used for transfers between related individuals. If a quitclaim deed is filed in error, there are a few ways to correct or amend the document. However, each situation and each county recorder are different.
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Deed Errors
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If a quitclaim deed contains an error, most states and counties will allow for the recording of a corrective document. Common errors include spelling and legal description. To determine how to correct the error, call the county recorder's office and explain the situation. Submitting a corrective deed or affidavit is usually the recommended course of action.
Reverse Deed
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Once a quitclaim deed is on record, it cannot be reversed or voided. If the grantors want the property back, the new owners will have to execute a new quitclaim deed conveying the property back to the previous owners. This method does not cancel the original quitclaim deed, but instead changes ownership back to the original party. The first quitclaim deed filed will still show up on future title searches.
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Legal Action
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If the grantor feels he signed a quitclaim deed under false pretenses, he may have a case in court. Additionally, if the grantor was threatened into signing the deed, he can perhaps disprove the deed's validity. The grantor should gather any information surrounding the property transfer and present it to an attorney. It is important to save any documentation signed or presented at the time the deed was signed. The attorney will assist in proving the deed was actually an invalid transfer.
Considerations
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Depending on the outcome of the legal actions, the property may be transferred back to the original owner. The court can order the execution of a deed back into the owner's name. Also, the court could require the current owner to sign a deed granting the property back into the previous owner's name.
Title Search
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Regardless of the nature of the error, a correct deed should be filed as soon as possible. After the recording of the deed, a new title search of the property is necessary to verify that the correct owner shows up on the chain of title. Obtain the original deed or certified copies of the recorded deed to retain for personal records.
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