One of the most common issues we encounter in our office is distressed clients discovering a defect in their property deed just before their real estate closing. Often, these problems arise when the deed involves a deceased person, and the closing agent directs the client to contact a probate attorney. Unfortunately, getting a deceased person’s signature on a deed correction is impossible, leading to delays and complications.
Common Deed Errors in Florida
Deeds must be drafted accurately to avoid serious issues:
Missing or Incorrect Signatures: Any missing signatures or incorrect parties can invalidate the deed.
Vague Property Descriptions: Incomplete descriptions can lead to confusion or legal challenges.
Deceased Individuals: Listing a deceased person on the deed requires probate, triggering delays. This is a biggy! Without the proper language on the deed, the deceased owner’s share of the property will have to go through probate.
Incorrect Names: Simple name errors can prevent the deed from passing the title search.
Risks of Deed Mistakes
Incorrect deed language can cause:
Title Defects: A deed error can result in a title defect, delaying or canceling the sale.
Probate Issues: Dealing with a deceased individual on the deed will trigger probate, causing significant delays.
Closing Delays: Deed mistakes found at the last minute can halt the closing process.
How to Avoid Deed Problems
Consult a Real Estate Attorney: An experienced attorney can ensure the deed is error-free. We work with a great real estate attorney. Let us know if you need a referral; we would happily recommend you to our colleague. She is one of the best!
Double-check Details: Verify all names, signatures, and property descriptions.
Address Deceased Individuals Early: Handle any deceased individuals’ estates before listing the property for sale. Better yet, have the deed reviewed and updated before any of the owners pass away!
Conclusion
Deed defects, especially those involving deceased individuals, can derail real estate transactions. To avoid these issues, ensure the deed is clear, accurate, and legally compliant. If you need help navigating deed issues or a real estate transaction,
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