Deed of Correction
A deed of correction may be prepared to clear up a defect in title or to correct a mistake.
An example may be the number of acres, or a source of title. A deed of correction does not convey interest in land. It is important to note that the original grantor and grantee must be the same in a deed of correction. One cannot add, remove or change a grantor or grantee in a deed of correction. If the deed includes any other parties it is NOT a deed of correction.
Recording of deeds, KRS 382.110
The document must have:
- First party (seller, grantor) and their mailing address (KRS 382.135, KRS 382.200
- Second party (buyer, grantee) and their mailing address (KRS 382.135, KRS 382.200)
- Legal description (Common Law) and OAG 81-100
- Source of title (KRS 382.110)
- Preparation statement (KRS 382.335)
- Return mail address (KRS 382.335 & KRS 382.240)
- In-Care-of Address for the property tax bill in the year transferred (deeds signed after July 31, 2008)(KRS 382.135 (c))
The reason for the correction must be apparent.
The document must state that it is a deed of correction and must refer to the deed it is correcting.
A deed of correction does not require a consideration statement.(KRS 382.135(2)(e).
The grantor must sign the deed and the signatures must be acknowledged (notarized). (KRS 382.130) The document must be filed in the county clerk’s office of the county where the property is located (or the greater part). KRS 382.110.
Indexing information: The document is filed in the deed book and indexed in the general index to deeds and mortgages under both parties. The first party is the seller (grantor), the second party is the buyer (grantee).
Transfer tax would only be collected if the consideration amount has been changed. Transfer tax is collected on the consideration in the deed per KRS 142.050. The tax is computed at the rate of $.50 for each $500 of value or fraction thereof. The transfer tax applies to the value listed in the deed and is imposed upon the grantor. KRS 142.050(7) lists the types of deeds that are exempt from this tax. If the consideration has changed a consideration certificate is required and the grantor and grantee must sign with signatures notarized.
A Deed of Correction does NOT require additional legal process tax.
Boyd County Clerk
Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129
Phone: (606) 739-5116
Email: [email protected]
Cedar Knoll Mall
Phone: (606) 929-9595
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547