Corrective Quitclaim Deeds in Alabama

What happens when there is an error in your deed? What can you do to fix it? One option may be filing a corrective deed.

A corrective deed is an instrument used to correct a small error in a deed that has been recorded at an earlier date. Note that corrective deeds cannot change the nature of the transfer, so make sure to use the same type of document. For example, to correct a recorded quitclaim deed, use a corrective quitclaim deed.

Corrections can only be made to non-material errors, causing no actual change in the substance, or facts, of the deed. Common minor errors include misspelled names or missing information, such as marital status, or a mistake transcribing courses and distances in the legal description of the property. Material changes to the substance of the deed have a legal effect in how property is titled, and therefore require a new deed.

On the corrective deed, give the recording information from the previously filed document, then identify which section contains the error. Provide the correct details in the body of the deed. The corrective deed states the nature of the error and recites the date and recording information of the erroneous deed.

The deed must meet the state and local formatting standards as for recorded documents, and must also be acknowledged before any of the officers listed in (Ala. Code 1975, 35-4-24). For the corrective deed to be valid, all parties who signed the prior deed must sign the corrective deed in the presence of a notarial official. The execution of a deed must be attested by at least one witness in Alabama (Ala. Code 1975, 35-4-20). If the grantor is married, Alabama requires that both spouses sign the deed (Ala. Code 1975, 6-10-3).

Most transfers of real property are subject to a privilege or license tax, but re-recording corrected deeds is exempt under Ala. Code 1975, 40-22-1, so there is no need for a Real Estate Sales Validation Form (Form RT-1).

This article is provided for informational purposes only and is not a substitute for legal advice. Contact a lawyer with questions about corrective quitclaim deeds or any other issues related to transferring real property in Alabama.

(Alabama Correction Quitclaim Package includes form, guidelines, and completed example)

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