Underwriting Q&A: How do I correct an error in a legal description? (Florida)

A: Effective July 1, 2020, Scrivener’s Errors found in legal descriptions shall be corrected by Curative Notice recorded in the public records.   Errors found in quitclaim deeds, deeds containing meets and bounds descriptions, or errors other than those outlined below are corrected by recording corrective deeds.

Florida Statute 689.041 defines Scrivener’s Errors as:

1. A single error or omission in a lot or block (transposition counts as one error);
2. A single error or omission in no more than one of a unit, building or phase of a condominium or cooperative unit; or
3. An error or omission in no more than one directional designation of tract of land.

So long as the statutory conditions are met, and the Corrective Notice is recorded,  the deed containing the Scrivener’s Error conveys title to the intended real property as if there had been no scrivener’s error.  Likewise, each subsequent  erroneous deed containing the identical scrivener’s error conveys title to the intended real property as if there had been no such error. 

The Curative Notice must be in the following form:

Curative Notice, Per Sec. 689.041, F.S. Scrivener’s
Error in Legal Description

The undersigned does hereby swear and affirm:

1. The deed which transferred title from …(Insert Name)… to …(Insert Name)… on (Date)… and recorded on …(Record Date)… in O.R. Book …., Page …., and/or Instrument No. …., of the official records of …(Name of County)…, Florida, (hereinafter referred to as “first erroneous deed”) contained the following erroneous legal description:

                          …(Insert Erroneous Legal Description)…

     2. The deed transferring title from …(Insert Name)… to …(Insert Name)… and recorded on …(Record Date)… in O.R. Book …., Page …., and/or Instrument No. …., of the official records of …(Name of County)…, Florida, contains the same erroneous legal description described in the first erroneous deed.

…(Insert and repeat paragraph 2. as necessary to include each subsequent erroneous deed in the chain of title containing  the same erroneous legal description)…

     3. I have examined the official records of the county in which the intended real property is located and have determined that the deed dated …(Date)…, and recorded on …(Record Date)… in O.R. Book …., Page …. and/or Instrument No.  …., official records of …(Name of County)…, Florida, establishes that record title to the intended real property was held by the grantor of the first erroneous deed at the time the first erroneous deed was executed.

      4. I have examined or have had someone else examine the official records of …(Name of County)…, Florida, and certify that:

         a. Record title to the intended real property was held by the grantor of the first erroneous deed, …(Insert Name)…, at the time that deed was executed.

         b. The grantor of the first erroneous deed and the grantors of any subsequent erroneous deeds listed above did not hold record title to any property other than the intended real property in either the same subdivision, condominium or cooperative or the same section, township and range, if described in this manner, at any time within the 5 years before the date that the erroneous deed was executed.

         c. The intended real property is not described by a metes and bounds legal description.

     5. This notice is made to establish that the real property described as …(insert legal description of the intended real property)… (hereinafter referred to as the “intended real property conveyed in the first erroneous deed and all subsequent erroneous deeds

…(Insert signature and notary block. No witnesses required). . .

Should you have any questions, you are always welcome to reach out to your Florida underwriting counsel.