Missouri Real Estate Lawyer

How to correct a Missouri deed is often simple. Small mistakes, like misspelling or omitting a word, can often be corrected with a scrivener’s affidavit. The affidavit describes how the incorrect part of the deed should read, and the affidavit is signed and recorded by the person who wrote the deed.

Corrective Deed

Bigger deed mistakes cannot always be corrected by a scrivener’s affidavit. But if all parties to the deed agree, then they can all sign a corrective deed to solve the mistake. But how to correct a Missouri deed is more troublesome when not all parties to the deed will sign a corrective deed. In that case, the party claiming the mistake must likely file a lawsuit to correct the deed.

If the mistake is apparent on the face of the deed, then the party can introduce evidence to prove how the parties intended the deed to read. For example, the deed might say that a party is to receive a future interest in the property but not provide a way to determine when that will be. However, if the deed is clear on its face, then how to correct a Missouri deed might be possible only if the party can prove either a mutual mistake or fraud.

Mistake or Fraud

A mutual mistake must be proven by clear and convincing evidence showing (i) a preexisting agreement to convey the property, (ii) that the deed does not reflect that agreement because of the mistake, and (iii) that mistake was mutual as to all parties to the deed. The last one is often the most difficult to prove.

For example, in one case, a property owner instructed her attorney to draft a deed that conveyed her property to all her children but one. The attorney mistakenly included all her children in the deed. The child who was supposed to be left out would not sign a corrective deed. The owner then sued to reform the deed to exclude the child, claiming that the deed did not reflect her wishes. However, because the attorney did not represent the child in drafting the deed, no mutual mistake occurred, and the court refused to reform the deed. If the attorney had represented the child in drafting the deed, then perhaps the mother could have proven that the child instructed the attorney to omit him from the deed and thereby prove a mutual mistake.

A party who cannot prove a mutual mistake can likely prevail only by proving that the mistake was caused by the other party’s fraud, deception, or bad faith that prevented the mistaken party from timely discovering the mistake.

This article is for general informational purposes only. It is not intended as legal advice.

Sewell Law provides experienced representation in Missouri real estate litigation. Please contact Michael Sewell at (314) 942-3232 or at michael@sewelllaw.net to discuss your real estate matter.

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