Sunday, July 06, 2008

query: corrective deed in PA

A corrective deed in one that replaces a deed which has already been recorded but contains an error. You can handle it in one of two ways.

If you have the original deed in hand, you can strike and correct the error, have the parties initial the correction, add a new additional notary acknowledgment that covers the initialing by the parties, and type across the top of the front page the words, CORRECTIVE DEED. It also helps to include a sentence or two giving the purpose of the corrective deed. For instance you could say, "The purpose of this corrective deed is to correct the spelling of the last name of the Grantee."

If you do not have the original deed in hand you can type a whole new deed and have the parties sign and acknowledge it before a notary public. You'll still want to type the words CORRECTIVE DEED across the top of the first page and add a sentence or two explaining the correction. You'll also want to recite back to the deed that was previously recorded that you intend to replace.

In both circumstances, in Pennsylvania, you need to attach duplicate statement of account forms to cover the transfer tax exemption.

The Recorder of Deeds may also require that you attach a copy of the recorded document you are correcting.

5 comments:

Anonymous said...

Do you know of Ohio's procedure? The defect is that the Grantee is not a valid entity...corporation that doesn't exist...name totally wrong...

Diane Cipa said...

Hi, Anon: I'm not familiar with Ohio procedure but it should be similar. Anyone prepping a deed into an entity needs to take the precaution of verifying the actual name. We have consumers who ask us to deed into entities they haven't yet created! Our rule is that we require vesting instructions from the buyer so that they take responsibility for getting it right.

In your case, where you have an entity that doesn't exist, get the advice of an attorney or have the title company assist in the correction. Each case is unique and requires a bit of detective work and careful crafting of the corrective instrument. Good luck.

rw said...

Hi'I live in Maine.When I got my home in 1996,I bought it with FmHA assumed mortgage .I am the 3rd person to have this mortgage.It was first written in 1982.It say's it's a morgage of a 3acre+/- deed which was recorded same day.right before the mortgage.In 1991 This mortgage was assumed by the people I bought my home from.On the same day they assumed the 3acre FmHA mortgage,they next recorded a warranty deed for the property that the first 1982 deed refers to for a sorce of title.this deed is from the same grantor as the first 1982.this deed is the same place but it is the original 9+/- size.it has no exception of the smaller deed and actualy has a new phase added.it says"also inclueds the R.O.W.written in the 1982 deed"that R.O.W.in the 1982 deed never made any sence at all because it goes to a 9 acer lot.but it would make sence in this full 9 acre deed because back in 1980 the 9 acer lot was foreclosed.a new deed would have make mention of a past shared easement never before mentioned in deeds for this property.the easement had only been shown in the deeds for the other property that shared the easement.
next on that day is, a $600 mortgage deed for the full 9 acre lot.again there is no exception of the smaller deed,it too is from the same grantor of the first 1984deed .and last on that day is a release deed for the full 9 acer lot,with the incluesion phrase and no exception of the smaller deed.it seems to me that these are corrective deeds because of the fact that there are not any exceptions of the smaller deed. but when I assumed the mortgage in 1996 the corrective deed was not given to me.rather they keep it and claimed it was a differnt 9 acre lot.I just figured this out recently.no title ins. was given and when I asked the lawyer what it was when reading through the papers at the closing ,I was told "you dont need that cause you have a warranty deed"he did not do a title search either.FmHA didnt require it.they only required to do some other thing that only checks the last deed,I now know that the lawyer that did my closing,also did the closeing with the extra full deeds .ain't that nice?
the remaining property has been sold 4 times and the current owner did'nt get a warranty deed this time.only a quitclaim without covenant,AS IS WHERE IS AND WITH ALL FAULTS.
I think something funny is going on here but I am disabled and on S.S.I. and raising my son alone.I cant afford to get a lawyer.and the people involved know it.
to make matters even worse,that remaining non-conforming property was allowed to be developed after I moved here .but its like a swamp and they dont like living in a swamp.so they keep digging drainage ditches onto and throughout my property when im not looking and it has ruined my home.. It's hard to believe ,but when I have called the police about these people repetedly trespassing and destoying my property , they wont do anything.they tell me "It's a civil matter","you'll need to hire a lawyer and take them to court".
There are all kinds of volenter lawyers around here but not for this.I've been looking for years with no luck.last year ,I thought I finaly found some help but he mis-understood the story I told him over the phone.he thought I was the trespasser.
can someone please help me with this.I have all of the deeds ,tax records,pictures, and other info scaned and ready to be put onto disks that I could mail,or E-Mailed out.any good easy instructions on how to take someone to court for the treaspassing and destuction would be a really big help .I've allready found the law about diverting water onto someones property.
thanks for reading,send help info to; rw3@midmaine.com

Diane Cipa said...

Hello, RW: Wow. That's a shame that the attorney advised you to skip title insurance. Beyond hiring an attorney, I think your only options are to seek help through a local media consumer advocate. Maybe they'll do a story. Good luck.

rw said...

Hi,Ijust found out that my town has been enjoying the benafits of my land issue by double taxing the 9 acres of land.I got copies of the tax records for my property and found that changed the acreage of my lot from 10 to 3 but the amount being paid was never reduced.and at the same time they have been collecting taxes for the 9 acre ,corrective deed, as though it was a differnt place.They have been doing this since 1982.the town maps clearly show the size of the property(s).thats not all though.the tax assesed value of the fictional 9acre lot increased 1000% when the allowed it to be developed.keep in mind that the actual size of that lot is now,(since1982), closer to 5acres.everyone but me,seems to be making alot of money of this land scam.