[WSBARP] Proper Way to Draft a Correction Deed?

[Richard Holland]

In my experience, if it is a 'clerical error' you get a certified copy and make the cross-out and re-record.  That's for misspelling names, or status or address.  When I have had to do it with a legal, it is essentially what you have mentioned but rather than 'x'ing out the legal with a typewriter word by word, it's a permanent marker with one big x or something so that the old legal is still essentially legible and the 'corrected' legal is down below it - all preferably and an Exhibit A.  HOWEVER, the first thing to do is check with the Title Company you hope will insure this and with the Auditor's office.  It can vary by Title Company and by County.  Some Auditors want a separate cover page (regardless of whether one would otherwise be needed), for example, so that the 'new' recording number is not on the same page as the 'original' recording number.

Just my experience.


Thanks,

Rich Holland
rich at pnwle.com<mailto:rich at pnwle.com>
603 4th Avenue, Suite 100
Kirkland, WA 98033
877.785.8734  / 866.982.5080 (fax)

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Catherine Clark
Sent: Friday, November 03, 2017 8:58 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Proper Way to Draft a Correction Deed?

All:

I have discovered that a deed purports to convey my client's property to another (the second deed was filed by the PR of the Estate of the person who sold their property to my client).

How would you prepare a correction deed?  Would you get a certified copy of the deed and type on it that it is a correction deed and cross out the legal description of my clients property?  Or, would you prepare another deed called "correction deed," explain the situation in that new deed and attach the old deed to this new deed for recording?

Or, do you have a better way?

Let me know.

Thanks.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Direct Dial:  (206) 274-7941
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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