Self Close Deed problem

Land Investing
1

Hi, I’m hoping there is someone who has worked in Colorado and would have an idea how to fix what I think might be a small mess made in self-closing.

I self-closed about a month ago and managed to record the deed electronically. The county accepted the deed no problem. However, it has not shown up yet on the assessor’s site. I figured it was just a matter of time.

So now I found a buyer for the property and while preparing the new deed I noticed that I messed up the legal description on the deed when I bought it. My buyer just wired me money and is expecting me to send them a deed and record it. I don’t think I can just fix the legal description on this new deed and go ahead and file it, right?

Do I need to go back to the original seller and get her to sign/notarize a deed with the correct legal description and then create/sign/notarize a deed for my buyer?

I think the original seller is on holiday in Germany…

2

THIS NOT LEGAL ADVICE - Just a recap of things I;ve donein the past. You arfe advised to consult a lawyer if you intend to rely on past experience or experiments (grin).

Two possbile options cold be:

  1. if the error is simple (non-material) typo - Google “Scrivener’s deed” &/or “Scrivener’s affidavit” for ideas. Depending on your state, it may only need to be signed / noartized by a party who has knowlege of the immaterial typo and can attest to the right information (thus an affidavit).

Here’s example text of what one migh thypohterically look like:

Scrivener’s Error Corrective Affidavit to Correct Clerical Error in Deed

CORRECTIVE AFFIDAVIT TO GIVE NOTICE OF TYPOGRAPHICAL OR OTHER OBVIOUS MINOR ERROR(S) MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED IN THE OFFICE OF THE County Clerk of Xxxxxxxxxxxx County, Texas.

RE: BOOK: ___________
PAGE: ___________

NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT:
Grantor(s): Xxxxxxxxxxxxxxxxxxxxxxxx
Grantee: X. Y. Land Company, a Texas Corporation

I, the undersigned, hereby certify that the following errors appear in the above named recorded instrument and in, accordance with the provisions of Sections 5.027 through 5.031 to the Texas Property Code, are hereby corrected.

DESCRIPTION OF ERROR(S): Grantee’s name appears as “X. Y. Land Company, a Texas Corporation” rather than “XY Land Company, a Texas Corporation” as registered with the Office of the Secretary of State of Texas.

Xxxxxxxxxxxxxxx
XY Land Company

STATE OF TEXAS §
§
COUNTY OF ____________________ §

BEFORE ME, the undersigned, on this day personally appeared Xxxxxxxxxxxxx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this: _____ day of _____________, 2021.

Notary Public, State of Texas
My commission expires: ________________

  1. If it is a material error you should be able to do a Corrective Deed, This will likely require the notarized signature of the other party (i.e. the Seller to you). Google “corrective deed form” and you’ll find examples. Or go to deeds.com.

Karl

4 Likes