Maria records a warranty deed to her property in Miami-Dade County. Three months later, she discovers the deed contained an incorrect legal description due to a surveyor's error. What is the most appropriate action for Maria to take under Florida law?
Correct Answer
A) File a corrective deed or scrivener's affidavit
Correct: A corrective deed or scrivener's affidavit is the proper method to correct clerical errors in recorded deeds under Florida law. Why not B: A quitclaim deed to herself would not effectively correct the original deed and could create title complications. Why not C: Clerks cannot modify recorded documents; they can only record what is presented. Why not D: A quiet title action is unnecessary for simple clerical errors and is more expensive and time-consuming.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Intestate succession is the legal process by which a deceased person's property is distributed according to state law when they die without a valid will. State statutes determine the order of inheritance.
Marketable title is title that is free from reasonable doubt as to who the owner is and free from liens, encumbrances, or defects that would cause a reasonable buyer to hesitate before purchasing. It is also known as merchantable title.
Probate is the legal process by which a deceased person's will is validated by the court and their estate is administered, including the transfer of real property to the named beneficiaries or heirs.
More Titles Deeds Recording Questions
In a Tampa transaction, a buyer wants the Florida rule on chain of title. Which statement is correct?
In Florida's recording system, what does 'constructive notice' mean?
In a Tampa transaction, a buyer wants the Florida rule on general warranty. Which statement is correct?
Which answer most accurately states the Florida rule for general warranty?
Sarah is selling her Miami Beach condominium to Robert. At closing, she signs a deed that contains warranties that she owns the property and has the right to convey it, but provides no warranties against defects that existed before she acquired the property. What type of deed did Sarah most likely execute?
- → All of the following are essential elements of a valid deed in Florida EXCEPT:
- → John and Mary own property in Jacksonville as tenants by the entirety. John wants to secretly transfer his interest to his business partner without Mary's knowledge or consent. He executes a quitclaim deed to his partner. What is the effect of this deed?
- → What is the main difference between a general warranty deed and a special warranty deed in Florida?
- → Under Florida law, what does 'constructive notice' mean in the context of recorded deeds?
- → In Florida, what is the primary purpose of the documentary stamp tax on deeds?
- → Which deed is most commonly used in Florida residential transactions?
- → Which answer most accurately states the Florida rule for chain of title?
- → In Florida, all of the following situations would typically be excluded from standard title insurance coverage EXCEPT:
- → Non-single-family real property in Miami-Dade County is conveyed for $220,000. What total deed documentary stamp tax and surtax are due?
- → A Florida owner uses a quitclaim deed to transfer whatever interest the owner has to a family member. Which statement about that instrument is incorrect?
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Previous Question
A buyer purchases a home in Orange County, Florida on March 15th. The deed is signed and notarized on March 20th, but not recorded until April 10th. On March 25th, the seller fraudulently sells the same property to another buyer who records their deed on March 30th. Under Florida's recording statutes, who has superior title to the property?
Next Question
In Florida, what is the primary purpose of the documentary stamp tax on deeds?