How Creating And Recording Your Own Deeds Can Affect Ownership

By Althaus Law
November 29, 2021

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General Deed Mistakes

There are many problems that can occur when individuals create and record their own deeds. The most common mistakes that we see:

  1. Incorrect spellings,
  2. Deeds not properly signed,
  3. Deeds not notarized, and
  4. Incorrect legal descriptions.

These may not seem like a large issue, but even a small mistake like this can impact the chain of title. In addition, most people are not aware of these mistakes until they go to sell their homes or an O and E report (Ownership and Encumbrance report) is pulled on the property. These reports can show you the actual chain of title.

How These Mistakes Affect Title?

Any type of deed mistake could be a problem for chain of title. Improper deeds or deeds with mistakes can be defective. Meaning that the property you thought you were transferring is actually not transferring at all. The problems can be simply fixed or require a lot more attention. This will depend on the mistake.

How to Correct a Mistake on a Deed

It is imperative that all deed mistakes be fixed. Fixing mistakes on title can stem from a simple corrective deed, but in the more advanced scenarios it may require reaching out to a title company to pull a To Be Determined Report (also known as a Chain of Title Report). A To Be Determined report will determine who are the property owners.

Did this Happen to You?

The more deeds filed on a property the higher likelihood there will be a mistake, so instead of attempting to do a deed or correct a deed on your own, you should contact an attorney. If you would like to discuss how your property would be transferred within an estate plan please give us a call at (720) 513-2299 or click here to schedule your free consultation.