There are several ways to fix a defective deed. The fix you choose will depend on the nature of the defect. Here three common ways to fix a defective deed:
- Corrective deed – A corrective deed does not pass title on its own, it only serves to correct a defective deed. Corrective deeds are commonly used to correct defective legal descriptions. Once a corrective deed is fully executed, then it is recorded in the public record.
- Scrivener’s affidavit – A scrivener’s affidavit can be used to correct minor defects, such as a typo or lack of marital status. Once the scrivener’s affidavit is signed, it is recorded in the public record.
- New deed – A new deed may be required for major defects. Major defects include a deed recorded with the wrong consideration amount or wrong parties.
There are certain mistakes that might be considered “harmless” and may require no action. For instance, defects around witnesses and notary acknowledgements might cure themselves over time. In Florida, these sort of defects may cure themselves over 5-7 years. See Florida Statutes 95.231 and F.S. 694.08.