A Scrivener’s error is quite simply a mistake on the Tax Deed. Examples of the types of mistakes made are:
Errors in the Legal Description of the property.
Misspelling or incomplete name of the Tax Deed purchase.
Let’s assume your LLC name in which you bought the tax deed is misspelled. This is a major problem as it means the Tax Deed is invalid, as the LLC on the Tax Deed document does not exist as a registered business entity.
The fastest way to correct the error is to make a call to the Clerk of Court’s office. If it was their mistake, they can easily issue and record a corrective deed. But if it transpires that the error loops back to you accidentally transposing a letter when you registered, then you are going to get the bad news: “We can’t change it, we just record the owner of the Tax Deed to the entity registered with us.”
There are three ways you can overcome this problem in order of ease:
Try and persuade the Clerk of Courts to issue and record a Corrective Tax Deed (which fixes a problem in an already recorded Deed, but which does not create a new interest) in the County in which the incorrect tax deed was purchased.
Consult with your title agent and their affiliate underwriter to see if you can file and record an affidavit (known as a “One and the Same Affidavit”) in the County of record in order to resolve the title issue. As this document is correcting an already recorded document in Official Records its construction and verbiage is better handled by an attorney.
File a Declaratory Judgment Order against the Clerk of the Court in order to have a Judge rule upon correcting the Tax Deed in your favor.
Make sure you carefully check and read each recorded Tax Deed you buy so you can discover any Scrivener’s errors early. Don’t delay in seeking to get the errors rectified, especially if you are using a certification process like Cleartosell as the error will only get in the way of you being able to quickly sell the property.
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Click Here to watch a short presentation by our Principal Attorney, Paul Krasker, discussing the importance of correcting a mistake on a Tax Deed.
Dawn Schneiderman December 28, 2017