Improper Preparation of Deeds
Florida Legal Malpractice Attorney
Buying property is a big step for anyone, and it includes many processes, one of which is preparing and recording the deed. Sometimes errors are discovered only after the deed and mortgage have been recorded. An improperly prepared deed may result in the sale being invalidated or the creation of a cloud over the property in the eyes of future buyers.
In preparing a deed, an attorney’s responsibility is to review its details, being careful to avoid any inaccuracies. The deed cites the legal description of the property, which includes bearings, distances, subdivision, section, and more. It also includes the names and addresses of the buyer and seller and the preparer of the deed. Two people must witness the document, which must be notarized.
Improperly prepared deeds may contain errors of two types, either factual “mistakes” or execution “defects.” “Mistakes” include listing the wrong seller or plat book reference. Under the classification of “defects” are errors in the execution of the deed, such as failing to include witnesses, the notary’s seal, stamp, or expiration date.
Errors in deeds can lead to future problems for all those who are involved in the process. If you believe you have been harmed by an error in a deed that was drafted by a legal or real estate professional, consult with our legal malpractice attorneys in Florida without delay.