Common Practices for Recording Corrective Documents

Correcting recorded documents is necessary when omissions, errors, outdated information, or new legal requirements are identified in a previously recorded document. The corrective process is required to ensure that all the information within a document is accurate, consistent, and up to date. The majority of states do not have statutes that directly address the process for making corrections.

• What is an original document?

A paper document with a wet signature is an original document. With the adoption of ESIGN and UETA, the concept of “originality” as the property records industry traditionally thought about it has been expanded. These laws establish that an electronic document, with electronic signatures, satisfies the requirements of an original document. A printed copy of a document does not constitute an original document. A certified copy is generally acceptable in lieu of the original document.

• What is an original signature？

A wet signature on a document is considered an original signature. ESIGN and UETA state that if a law requires a signature, an electronic signature satisfies the law. An electronic signature is a sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document, and has the same legal effect as a wet signature.

A corrective document and a re-recorded document are both used to fix errors in previously recorded documents, but they differ in their approach and purpose. The most common definitions are explained below：

• What Is a Re-recorded Document?

o Used to correct errors and omissions directly on the original document, such as typographical errors, incorrect dates, or missing information.

o Typically, the entire previously recorded document is re-recorded, not just the corrected portions.

• What is a Corrective Document?

o Used to correct errors in the original document with a completely new document that is newly signed and notarized.

o Typically, the entire new document is recorded in full.

Both re-recorded and corrective documents may include a statement identifying the original document, the errors, and the corrections being made.

Common Practices for Re-recording Documents

• The original recording is corrected with one or more of the following:

o A cover page stating the correction(s) being made.

o An appended page stating the correction(s) being made.

o Corrections which may be made directly on the original document.

• The re-recorded document must follow state statutes and local practices for recording, including notarial requirements.

Common Practices for Recording Corrective Documents

• The corrective document should state what corrections are being made and refer to the original book and page/document number.

• An Affidavit of Scrivener’s Error can be used to state what corrections are being made and refers to the original book and page/document number.

• The corrective document must follow state statutes and local practices, if applicable, for recording.

Conclusion

There are circumstances which may result in the need to correct a document. A variety of methods are employed by submitters and recorders across the country to correct errors or omissions on documents.

Whether a document is submitted electronically or in paper form, it may be corrected by re-recording electronically or in paper form. Decisions to correct a document should follow state statutes and local practices.