Eric Feichthaler

Mr. Feichthaler:

I recently wrote my own deed, adding my son to ownership of my home. I recorded that deed in the public records, then I saw I had a misspelling in his name. I prepared a new deed and recorded it, showing his new, correct name. Do you think title is OK with my house?

— Zoe N.

Dear Zoe:

Especially with gasoline nearing $5 a gallon, I completely understand the desire for all of us to save money wherever we can. As my clients know, I provide advice so clients can help themselves in many situations. I also advise clients that, when it comes to deeds and title to expensive real estate, do-it-yourself deeds can present many unintended consequences.

Although my response to your question will discuss the specific issue of corrective deeds, your actions raise other concerns as well. If your son is not using this home as a primary residence, your actions potentially re-moved one of the best asset protection devices in the country – Florida Homestead – from a portion of the property. Also, how you wrote your names in deed could cause a potential probate issue later. Also, if you are married, your actions could cause significant issues. If there is a mortgage on the property, your actions likely triggered a Documen-tary Stamp Tax liability as well.

Focusing on your issue of corrective deeds, it is vital that certain information is included on the corrective deed. Typically, it would read the same as the prior deed, with the spelling corrected. An additional paragraph would be included describing the error being corrected, including when the deed was recorded, the instrument number and other information so title and ownership is clear. If mistakes are made in this regard, a Quiet Title action in the courts may be needed in the future to seek declaratory relief on who owns the property.

It is possible that the actions you have taken are fine. I would recommend you have an attorney review the situation to confirm there are no issues with title, and that other problems were not created by the transfer.

Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.