How to Correct a Deed

A deed, transfer or other document which is not properly prepared may be invalid or may cause future legal issues. This summary has been provided for your convenience.  However, the Clerk-Recorder’s Office cannot give legal advice and, therefore, suggest that you contact your own legal advisor to assist you.

• Every document must comply with regular recording requirements
• Any instrument presented for recordation which in any way modifies, releases, or cancels the provisions of a previously recorded document shall state the instrument number of the document being modified, released or cancelled. [Government Code section 27361.6]
• A corrected or re-recorded deed becomes part of the chain of title
• All corrections require the following on the first or cover page
  • Corrective statement
  • Error identification
  • Clear reference to the previously recorded document
• One of following must be submitted to correct a document:
  • Re-recording of the original document
    • With corrections made in the body of the original document
    • A cover sheet detailing the changes
    • Must be re-signed and re-acknowledged
  • Correction Deed
    • A new deed reflecting the corrections/changes
    • Must meet all recording requirements of a deed

Per Government Code 27201 and 27288.1, minor corrections may be made with a corrective affidavit, certified under penalty of perjury by the party submitting the affidavit.

• Corrections made with this affidavit are limited to:
  • An incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6
  • A clarification of illegible text pursuant to Section 27361.7
  • An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5
  • An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code

[Government Code sections 27201, 27280.5, 27288.1, 27361.6, 27361.7]
[Revenue & Taxation Code section 11932]