Fixing Mistakes in Real Estate Deeds

Real estate ownership depends heavily on clean, accurate deeds and a clear chain of title. Mistakes in deeds or clouds on title can make it difficult to sell, refinance, transfer, or insure property. If you’ve discovered an error in your deed, or learned that title is “clouded” by liens, unreleased mortgages, or other defects, get trusted legal help to fix issues before the problem gets worse.

Common Types of Deed & Title Errors

Errors or defects affecting deeds / title often include:

1. Typographical or identity errors (such as misspelled names of grantor or grantee, wrong middle initials, name changes (e.g. after marriage) not reflected, or address errors or incorrect legal description (lot, block, parcel number))
2. Missing or improper signatures / notarizations (such as grantor or grantee didn’t sign, or a signature was not properly acknowledged, or notary issues)
3. A deed recording error or indexing mistake (such as a deed recorded under wrong book/page, or mis‐indexed, or public record clerical mistakes)
4. Unreleased liens or mortgages (such as a prior mortgage was paid off but never officially released, or a lender or trustee fails, or goes out of business, so the lien remains on title)
5. Uncleared claims from prior interested parties (such as heirs not accounted for, or someone mistakenly left on title or has claim via adverse possession, prescriptive easement, etc.)
6. Boundary or legal description problems (such as surveys with errors, deeds not matching plats, encroachments, missing description, ambiguous property lines, etc.)
7. Fraudulent, forged, or void deeds (such as a deed forged or signed without authority, or deeds in chain that are void or voidable)

These defects can lead to serious legal and financial consequences, including inability to transfer or mortgage the property, title insurance coverage refusal, or risk of someone else later claiming ownership.

Example Remedies / Typical Options for Correcting a Deed or Title Defect

Here are typical legal remedies you might see:

• Correction Deed: A new or refiled original deed can be used to correct minor errors, with reference to the original recorded deed.
• Quitclaim Deed: One party gives up whatever interest they may have, but does not confirm what that interest is/was. This tool is often used to transfer properties or claims between family members or for curing minor issues.
• Re‐execution and Recording of Proper Deed: If a signature or notary stamp was missing or incorrect in the original document, the cure may be as simple as getting proper signatures, acknowledgment, then re-recording.
• Waiver or Release of Claims: Prior owners, heirs, mortgage holders, or lienholder can sign release(s) to clear any claim.
• Lien/Mortgage Reconveyance: If a mortgage is paid off, get the lender or trustee to file satisfaction or reconveyance; if the lender no longer exists, you might need court order or quiet title to remove it.
• Court Action: This could include quiet title actions, lien removal or dispute lawsuits, or something similar.

Summary of Quiet Title Actions

When deed corrections, releases, or corrective deeds are not enough, or a necessary person is deceased or can’t be found, a court remedy known as a quiet title action (or a “quiet title”) may be the best and only option to cure title defects.

What is a quiet title action? Learn more about quiet title actions here.

Even after a quiet title case, some residual issues can remain if title insurance company has additional requirements. In every case where it is possible, our firm works hand-in-hand with the title insurance company to ensure that we address each of their concerns within the lawsuit so that our clients save time and money.

Benefits of a quiet title action:

• Provides final, judicial resolution of conflicting claims or clouds on title
• Helps make title marketable (easier to sell, refinance, insure)
• Removes or invalidates liens, easements, or other encumbrances that should not affect title

Work With A Title Attorney

Correcting deed mistakes or title defects is not just about paperwork; it’s about protecting your investment, ensuring your property rights are secure, and avoiding future hassles. Whether the remedy is a simple corrective deed, securing releases/waivers, reconveying mortgages or liens, or filing a full quiet title action, skilled legal guidance is essential.

If you suspect there is an error in your deed or a cloud on your property’s title, whether that’s a lien that should’ve been released, a name misspelling, boundary ambiguity, or something more complex, we can help. The sooner defects are identified and addressed, the easier and less costly the remedy is likely to be.

Contact Avenue Legal Group by phone, text message, email, or our website to discuss an improper deed, have a corrected deed prepared, or to resolve any real estate title issue.