Texas Correction Deed
If you have made a mistake in a real estate transaction in Texas, you may need to file a correction deed to fix the error. However, it’s important to understand that a correction deed must be signed by both parties if the correction is material. In this article, we’ll go over what a correction deed is, when it’s needed, and why both parties must sign it if the correction is material.
What is a Correction Deed?
A correction deed, also known as a corrective deed, is a legal document used to correct errors in a previously recorded deed. It’s important to note that a correction deed doesn’t change the original deed, but instead, it adds a new document that supersedes the old one. This means that the correction deed must be recorded in the same county where the original deed was recorded.
When is a Correction Deed Needed?
A correction deed is needed when there are errors in a previously recorded deed. These errors can include misspelled names, incorrect property descriptions, or incorrect legal descriptions. It’s important to correct these errors to ensure that the title to the property is clear and marketable.
Why Both Parties Must Sign a Correction Deed if the Correction is Material
In Texas, both parties must sign a correction deed if the correction is material. A material correction is a correction that affects the legal rights of the parties involved. For example, if the correction changes the legal description of the property, both parties must sign the correction deed because the legal description is a fundamental component of the transaction.
The reason both parties must sign the correction deed if the correction is material is to ensure that everyone involved in the transaction is aware of the correction and agrees to it. This protects both parties from future disputes or claims regarding the correction.
What can be done if one or more Parties to a Correction Deed Did Not Consent?
if one party refuses to sign the correction deed, the other party can file a lawsuit to force the correction. This can be a lengthy and costly process, so it’s always best to try to resolve any issues amicably and through negotiation.
If you have any questions about correction deeds or need help filing one, it’s always best to consult with a real estate attorney. Our attorneys at Guerra Days Law Group have experienced excellent results in and out of court in dealing with correction deeds. Contact us immediately if you are a victim of a correction deed without consent.