Wrong Legal Description on Mortgagegeorge
If an error in the legal description is discovered, the correct process by which the error is corrected is to (1) have an act of correction executed by the original settlor and certify and notarize it in accordance with Florida law; and (2) register the new amending instrument. If the original grantor reperforms and registers a remedial act, this is the only effective way to correct an error in the legal description of an erroneous instrument. In one case, a veteran spent many years of savings to buy a single-family home and then decided to survey the property to have fences drawn. This revealed a serious mistake in the title. The legal description in the deed represented the wrong plot of land – not the land on which the house stood. When the vet tried to swap land with the neighbors to solve the problem, the neighbors decided to evict the vet family and take the house with them. Title deeds are legal documents that indicate who owns shares in real estate. These are public documents that can be consulted by lenders and property assessment agencies. If you`ve ever struggled to read a legal property description with its dense language, you might be better off making mistakes.
Property descriptions are long and not written like ordinary people. You must precisely locate the property mentioned in the deed and indicate the name of the county or municipality in which the property is located, as well as the judicial district. Land is often described using the following methods: A good lawyer can help you understand how the Reformation may affect your mortgage. This can eliminate the confusion you might have as a homeowner so you don`t have to face a chase on the street. Although none of the parties are cited by either party, we agree with the Second District`s analysis regarding the court`s power to correct errors in the legal descriptions of mortgages and foreclosure judgments: ATG has seen a sharp increase in the number of claims processed related to documents registered with an incorrect legal description or no legal description. The increase is related to the increase in seizure operations. An incorrect legal description or lack of a legal description should never occur when the mortgage debtor makes the mortgage payments. However, when a lender reviews a file because the mortgage debtor is late, this type of error is more likely to be detected. An error in a legal description may be more difficult to detect. Metes and bounds is the method by which the property is often described when there is no registered map of the property. Surveyors typically create these descriptions in degrees, minutes, and seconds based on north, south, east, and west.
Distance measurements are usually made in feet. If a call goes in the wrong direction, such as south instead of north, or goes too far east or west, the property you wanted to buy will not be described in your deed if it is physically on the ground. A mortgage defines the property encumbering it in three ways: 1) common address, 2) permanent index number or „PIN“ and 3) legal description. If an error in the legal description is revealed, the remedies will depend on the nature of the error. Is this a typo? Or is it a matter of substance? The description of the property on a deed can be corrected in two ways: either by an act of correction, or by an act of correction and an affidavit of a scribe. Two years later, in September 2012, the bank filed its first application to set aside the final summary judgment, sale and certificate of ownership. The petition was filed under Florida`s Rule of Civil Procedure 1,540(b)(1) and claims that „due to accidental error,“ the legal description of the property in the mortgage was incorrect and that, therefore, the bank should amend the complaint to add a charge of reform. It also argued that the false legal description in the attachment order prevented the bank from clearly obtaining ownership of the property.
In October 2012, the trial court issued an order rejecting the bank`s request „without prejudice“. Sometimes an omission is noticeable immediately after recording. It`s insignificant, and everyone knows what the description should say. A clarification would help and not significantly alter the document. This would only exacerbate the ambiguous language of the legal description. In January 2013, the bank filed its second eviction application. This second request was also made under Florida`s Rule of Civil Procedure 1,540(b)(1), but further under Rule 1,540(b)(4) on the additional ground that the final judgment was void. In that application, the bank admitted that in October 2010, ten months after the judgment was delivered, it had become aware of the error in the legal description of the mortgage and in the final judgment. The motion alleged that the error in the legal description of the final judgment obscured the ownership of a third party`s property. Banks solve problems or typos in the legal description through the Reformation.
By asking an Illinois court to reform the mortgage, the court can correct it so that it is a valid and enforceable lien. The court bases its decision to reform the mortgage on whether the mortgage, with its incorrect legal description, does not reflect the intention of the parties to the mortgage. In other words, the parties to the mortgage made a mutual error by providing the mortgage with the wrong legal description. Most adults have obtained a loan from a bank at some point and have given that bank a mortgage in return. The mortgage serves as collateral to ensure you repay the loan. Mortgages charge for certain properties – usually the same property you used the loan to buy. If the error is so obvious that it is obvious what the act should describe, the correction can be relatively simple. The lawyer who prepared your deed can sign an affidavit stating that they prepared the deed and that there was an error in the description and that the property should be described as described in their affidavit. These affidavits are called scribe`s affidavits and are reserved for errors such as incorrect spelling of a subdivision name or misquoted registration dates for the subdivision if the name of the subdivision is clearly indicated. More serious errors cannot be corrected in this way. Read more: What is a writer`s affidavit? Some documents contain legal descriptions created using the earliest survey methods that preceded GPS measurements.
Some have errors in lot descriptions that are unknowingly passed from one owner to another – a kind of legal time bomb waiting to surprise someone. A deed is a legal document that is signed and registered to show who has the property rights to access and use land. This document is necessary to justify and transfer title from one person to another. In other words, the act transfers title from one party to another. Deeds are often seen as the „vehicle“ for the transfer of ownership. One of these post-completion issues that can arise is an error in the registered deed. There are several examples of what constitutes an error in the saved document; One of the most common is an error in the legal description of the transferred property.