TYLA Officers

   

Rebekah Steely Brooker, President

   

Dustin M. Howell, Chair

   

Sam Houston, Vice President

   

Baili B. Rhodes, Secretary

   

John W. Shaw, Treasurer

   

C. Barrett Thomas, President-elect

   

Priscilla D. Camacho, Chair-elect

   

Kristy Blanchard, Immediate Past President

TYLA Directors

   

Amanda A. Abraham, District 1

   

Sharesa Y. Alexander, Minority At-Large Director

   

Raymond J. Baeza, District 14

    Aaron J. Burke, District 5, Place 1
   

Aaron T. Capps, District 5, Place 2

   

D. Lance Currie, District 5, Place 3

   

Laura W. Docker, District 10, Place 1

    Andrew Dornburg, District 21
    John W. Ellis, District 8, Place 2
    Zeke Fortenberry, District 4
   

Bill Gardner, District 5, Place 4

   

Morgan L. Gaskin, District 6, Place 5

    Nick Guinn, District 18, Place 1
   

Adam C. Harden, District 6, Place 6

   

Amber L. James, District 17

   

Curtis W. Lucas, District 9

    Rudolph K. Metayer, District 8, Palce 1
   

Laura Pratt, District 3

    Sally Pretorius, District 8, Place 2
   

Baili B. Rhodes, District 2

   

Alex B. Roberts, District 6, Place 3

    Eduardo Romero, District 19
    Michelle P. Scheffler, District 6, Place 2
   

John W. Shaw, District 10, Place 2

    Nicole Soussan, District 6, Place 4
    L. Brook Stuntebeck, District 11
   

C. Barrett Thomas, District 15

    Judge Amanda N. Torres, Minority At-Large Director
   

Shannon Steel White, District 12

    Brandy Wingate Voss, District 13
    Veronica S. Wolfe, District 18, Place 2
   

Baylor Wortham, District 7

    Alex Yarbrough, District 16

   

Justice Paul W. Green, Supreme Court Liaison

   

Jenny Smith, Access To Justice Liaison

   

Brandon Crisp, ABA YLD District 25 Representative

   

Travis Patterson, ABA/YLD District 26 Representative

   

Assistant Dean Jill Nikirk, Law School Liaison

   

Belashia Wallace, Law Student Liaison

 

 
TYLA Office

Tracy Brown, Director of Administration
Bree Trevino, Project Coordinator

Michelle Palacios, Office Manager
General Questions: tyla@texasbar.com

Mailing Address

P.O. Box 12487, Capitol Station
Austin, Texas 78711-2487
(800) 204-2222 ext. 1529
FAX: (512) 427-4117

Street Address

1414 Colorado, 4th Floor
Austin, Texas 78701
(512) 427-1529

 

Views and opinions expressed in eNews are those of their authors and not necessarily those of the Texas Young Lawyers Association or the State Bar of Texas.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article of Interest

Article of Interest

Correction Instruments in Texas: Nonmaterial Corrections under Section 5.028 of the Texas Property Code
By:  Matt Douglas

Correction instruments are used to correct errors contained in an instrument that has been filed of record.  Texas courts have long recognized the validity of correction instruments, and so long as the correction instrument is properly executed and recorded in the county where the original instrument was filed, the correction instrument wholly takes the place of and acts as a substitute for the original instrument.  Prior to recent changes in the Texas Property Code, making a correction to a recorded instrument required all parties to the original instrument to execute the correction instrument.  Effective Sept. 1, 2011, Section 5.028 of the Texas Property Code allows a person with personal knowledge of facts relevant to the correction of a recorded original instrument to prepare or execute a correction instrument to make a nonmaterial change that results from a clerical or inadvertent error, without requiring the joinder of each party to the original recorded instrument.

Some examples of the nonmaterial corrections that can be made under this section include: (1) correction of an incorrect element in a legal description, such as the lot number or subdivision (except when the grantor in the original instrument also owns the property which is inaccurately identified in the original instrument); (2) the addition, correction or clarification of a party's name or marital status, the execution date of the instrument, or recording data referenced in the correction instrument; (3) the addition of a legal description to an instrument when it was prepared in connection with the original instrument, but inadvertently omitted from the original instrument; and (4) the correction of a defective acknowledgment or addition of an omitted acknowledgment to the original instrument.

When making a nonmaterial change under Section 5.028, the parties to the original instrument are not required to execute the correction instrument.  Instead, a person with personal knowledge of facts relevant to the correction of a recorded original instrument may prepare or execute the correction instrument.  In order to be effective, the person who is executing the correction instrument must (1) state the basis of the person's personal knowledge of the facts in the correction instrument, (2) send a copy of the correction instrument and notice to each party to the original instrument (or their heirs, successors and assigns) by first class mail, email or "other reasonable means," unless the correction instrument is signed by each party to the original instrument, and (3) record the correction instrument and evidence of notice in each county where the original instrument was recorded.

A correction instrument made under Section 5.028 is effective as of the effective date of the original instrument, takes the place of and acts as a substitute for the original instrument, and provides record notice of the facts contained in the correction instrument.  However, the correction instrument is subject to the property interest of creditors and subsequent bona fide purchasers for valuable consideration without notice who acquired the property on or after the date of the original instrument, but before the correction instrument was acknowledged and recorded.

Section 5.028 provides a quick and efficient alternative for title companies, banks, and attorneys when corrections to a recorded instrument are necessary, but the parties to the original transaction cannot be located or are uncooperative.  In such a case, those persons who were involved in the original transaction, such as a closer at a title company, a loan officer at a bank, or an attorney who drafted the original instruments may execute the correction instrument without the joinder of each party to the original recorded instrument.  However, it is important to note that certain changes are considered material corrections.  These types of corrections cannot be made under Section 5.028 and require the correction instrument to be executed by all of the parties to the original instrument.

Section 5.028 is a great tool to keep in your arsenal when you need to make a quick nonmaterial change that results from a clerical or inadvertent error.  While proofreading should always be a top priority, if a mistake happens, remember Section 5.028 of the Texas Property Code.

Matt Douglass is an associate with Sprouse Shrader Smith PLLC whose practice focuses primarily on real estate, banking and oil and gas.