What Is a Correction Deed?
When a deed is signed and recorded at the county courthouse, it becomes a permanent public record. But humans make mistakes. If a title agent accidentally spells the buyer's name "Jon Smyth" instead of "John Smith," or transposes two numbers in the property's lot block description, the original deed is flawed. This creates a cloud on the title, which can prevent the buyer from selling or refinancing the home later.
To fix this, a correction deed (sometimes called a deed of confirmation) is drafted, signed by the original parties, and recorded. It explicitly references the flawed deed and states the exact correction being made, legally smoothing out the chain of title without having to go through a massive court lawsuit.
When Is It Allowed?
A correction deed is a powerful, fast tool, but Florida law strictly limits its use to typographical or clerical errors. It cannot be used to make substantive changes to the transaction. For example:
- Allowed: Fixing a misspelled middle name, correcting a minor typo in the legal description, or fixing an incorrect recording date.
- NOT Allowed: Trying to add a new owner to the property, trying to change the estate from a life estate to fee simple, or trying to remove a spouse from the deed. For those massive changes, the parties must draft an entirely new, substantive deed, such as a Quitclaim Deed, and pay new documentary stamp taxes on the transfer.
Title Curative Actions
If a massive error is discovered years later and the original seller refuses to sign a correction deed (or has died), a correction deed cannot be used. The buyer's attorney must instead file a Quiet Title Action or a reformation lawsuit, asking a judge to formally order the county clerk to fix the broken deed.
Related Terms
- Deed — The original document that contained the typo
- Cloud on Title — The legal problem caused by the typo
- Quitclaim Deed — The document needed if the change is too major for a correction deed
Barnes Walker Title Curative Services
Barnes Walker's real estate attorneys frequently draft correction deeds to quickly cure minor title defects, and aggressively litigate reformation and quiet title lawsuits when former owners refuse to cooperate in fixing flawed historical conveyances. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 689
Governs the requirements for transferring real property in Florida, including deed execution, delivery, and recording.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC