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8440-8446 Deed to Purchaser: Corrected or Duplicate Deed

8440. AUTHORITY
If a deed to the purchaser contains a clerical error or a misstatement of fact, a corrected deed must be issued by the tax collector and recorded with the county recorder without charge. The new deed must contain a statement of reasons for its issuance and, as far as practical, must be the same as the original, except where corrected. In the case of property sold pursuant to Chapter 8 agreement, the tax collector must send a conformed copy of the new deed to the State Controller (Rev. & Tax. Code §3804.2).

Upon sufficient proof, a deed may be issued at a later date if one was never issued, or a duplicate may be issued if the original has been lost and never recorded (also see Rev. & Tax. Code §§175, 3708 for situations requiring issuance of a deed to the purchaser, and Rev. & Tax. Code §4378 for presumed redemption).

8441. APPROVAL
The tax collector has the authority to issue a corrected deed without seeking approval from any other governmental officer.

8442. TIME LIMITATION
There is no time limit within which a corrected or duplicate deed can be issued.

8443. FORM
Form SCO 8-19 may be used for corrected or duplicate deeds. It should be filled out exactly as the original, except for:

1) Execution date;

2) Items corrected;

3) The statement of reason for issuance;

4) The name of the tax collector (if changed); and,

5) Acknowledgment and recording information.

8444. REASON FOR ISSUANCE
Below the description, a statement should give the reason for issuance of the corrected or duplicate deed and the date the original was issued. The new deed must carry the date on which it is issued.

Following is an example of a suggested statement.

This deed is issued to replace/correct a deed issued ____________ (sale date) by _________________ (former tax collector's name), which ________  (was never recorded and is presumed lost/was in error as to, etc.).

8445. MARKING "CORRECTED DEED"
A corrected deed must be clearly marked as such and must show the recordation data of the original recorded deed. 

8446. RECORDING
The tax collector must have the corrected deed recorded. The recorder should make no charge for this recording (Rev. & Tax. Code §3691.4; Gov. Code §27383).