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2014 SESSION

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SB 116 Deeds, deeds of trust, and mortgages; correcting errors, affidavit.

Introduced by: John C. Watkins | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Correcting errors in deeds, deeds of trust, and mortgages; affidavit. Allows an attorney to record a corrective affidavit to correct an obvious description error contained in a recorded deed, deed of trust, or mortgage. Obvious description errors include (i) errors transcribing courses and distances, (ii) errors incorporating a recorded plat or deed reference, (iii) errors in listing a lot number or designation, and (iv) omitted exhibits that supply the legal description of the property. Before a corrective affidavit may be recorded, all parties to the deed, deed of trust, or mortgage, including the current property owner, the attorney who prepared the deed, deed of trust, or mortgage, and the title insurance company, must be provided with a copy of the affidavit, and such parties have 30 days to object in writing to the recordation of the corrective affidavit.


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