Full question:
We sold a Hawaii Timeshare for $1.00. We filed a quitclaim deed in Honolulu. After it was recorded, it was discovered there was a typo on the unit number (off by one digit). Do we just file a NEW quitclaim Deed or do we AMEND or CORRECT the original deed? Does it make any difference which we do? Isn't the first deed null and void because it is not the correct unit number? We live in FL (in MA for the summer) and the new owners are in WA.
- Category: Real Property
- Subcategory: Sales
- Date:
- State: Florida
Answer:
The deed will need to be corrected. The answer will depend on whether the mistake was made by administrative personnel or not. A quiet title or trespass to try title action is the method of clearing title to lands. In a quiet title action, the court may order records to be corrected to reflect true ownership of property. You might also try calling the recorder's office for administrative procedures that may be available.
Please see the following Hawaii Land Court Rule to determine applicability:
Rules of the Land Court
PART II. RECORDATION OF INSTRUMENTS AND ENTRY OF CERTIFICATES OF TITLE
Rule 65. Alterations Upon Registration Book Prohibited; Amendments to
Certificates.
(a) No erasure, alteration or amendment shall be made upon the
registration book after entry of a certificate or of memorandum thereon
and the attestation of the same by the assistant registrar except by
order of the court recorded with the assistant registrar, provided that
the assistant registrar may correct any clerical error made by personnel
of the assistant registrar's office.
(b) Any registered owner or other person in interest may at any time
apply by petition to the court, upon the ground that registered interests
of any description, whether vested, contingent, expectant or inchoate
have terminated and ceased; or that new interests have arisen or been
created which do not appear upon the certificate; or that any error,
omission or mistake was made in entering a certificate or any memorandum
thereon; or that the name of any person on the certificate has been
changed; or that the registered owner has been married, or if registered
as married, that the marriage has been terminated; or that a corporation
which owned registered land and has been dissolved has not conveyed the
same within three years after its dissolution; or upon any other
reasonable ground. The petition after approval by the court shall be
recorded with the assistant registrar.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
