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How to Correct a Deed

DELETE 2 For Your Information

Important Notice

Important Information 75x40A 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.

Correcting a Document

  • 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

Affidavit of Minor Corrections

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]