An affidavit of error or corrective can help if you’ve made a mistake while drafting a real estate deed in Michigan and have already recorded it. If neither will help, a court order may be required to fix the problem.
Affidavit of Error: A Quick Fix for Minor Mistakes
In many cases, an Affidavit of Error can help you fix the mistake. This document is recorded with the Michigan County Register of Deeds and quickly updates the public record. It helps future title searchers understand the correct ownership status despite your error.
However, not all errors qualify for an affidavit. For certain mistakes, a more formal fix, like a Corrective Deed, may be required.
Michigan Statute and Deed Errors
Michigan’s Recording Affidavits Affecting Real Property Act outlines the types of errors that can be corrected using an Affidavit of Error. These include:
- Errors in the place of recording.
- Scrivener’s errors (simple typographical mistakes).
Importantly, an Affidavit of Error cannot alter the substantive rights of any party unless it is signed by that party.
For example, if you accidentally reference the Oakland County Register when it should be Wayne County, an Affidavit of Error can fix that. But if the error affects ownership rights, a Corrective Deed is likely necessary.
What Is a Scrivener’s Error?
A scrivener’s error is a simple typographical mistake that does not significantly alter the transaction. For instance, a misspelled street name in the Grantee’s address would qualify as a scrivener’s error.
Corrective Deeds: A More Formal Solution
When the error is more than just a typographical mistake, you’ll need to file a Corrective Deed. This is a new deed that corrects the original error by providing accurate details. The Corrective Deed will reference the faulty deed and explain the correction.
You will need a Corrective Deed if there is a significant error, such as a misspelled Grantee name or incorrect property description. For instance, if you identify the wrong Grantee, this issue goes beyond a scrivener’s error and requires a new deed.
Major Errors May Require a Court Order
In some cases, the error is too large to fix with either an Affidavit of Error or a Corrective Deed. For example, if the title has been transferred to the wrong party entirely, you cannot simply fix the issue with a deed correction.
In this situation, you’ll need to work with the other party to correct the transfer. If the other party is uncooperative, or if they are deceased or no longer in business, you will need to file a quiet title action in the Michigan Circuit Court. This court procedure will legally transfer the title back to you.
How a Livonia Real Estate Attorney Can Help
The best way to avoid costly mistakes is to work with a Livonia real estate attorney from the start. A qualified attorney can ensure that your property transfer complies with Michigan law and is completed correctly.
If you’ve already made a mistake, a Livonia real estate lawyer can guide you through the steps to fix it. Whether you need an Affidavit of Error, a Corrective Deed, or a court order, an experienced attorney will help you navigate the process effectively.
Need Help With a Deed Error?
If you’ve encountered a problem with a deed or property transfer, don’t hesitate to get professional assistance. Contact a Livonia real estate attorney today to discuss your next steps and schedule a consultation.
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. If you have specific legal concerns, you should consult with a qualified Michigan real estate attorney.
If you have an issue with a deed or a property transfer and would like to discuss next steps, click the button below to schedule your initial consultation with our attorney.