You are selling a house and the title search turns up a problem. The deed that transferred the property to you fifteen years ago lists your name as Jonathon instead of Jonathan. Or the legal description references a lot number that does not exist. Or the deed was signed by only one spouse in a state that requires both signatures for a valid conveyance. The title company will not insure the sale until the defect is fixed, and the fix is a deed of confirmation. It is a corrective document that does not create a new transfer. It confirms that a prior transfer happened and cures the defect in the original deed.
A deed of confirmation is a legal instrument recorded in the county land records that ratifies, confirms, or corrects a previously recorded deed that contained an error, was defectively executed, or was granted by someone whose authority was later questioned. It is not a new conveyance. It does not transfer title. It confirms that title was already transferred by the prior deed and that the parties intended the transfer to be valid at the time it occurred. The legal effect relates back to the date of the original transfer, which matters for the chain of title, for tax purposes, and for establishing priority against liens recorded between the original deed and the confirmation deed.
When a Deed of Confirmation Is Needed — Five Common Scenarios
The most common trigger is a name error. A deed that conveyed property to Michael J. Stevens when the buyer’s legal name is Jonathan Michael Stevens creates a gap between the named grantee and the person claiming ownership. A deed of confirmation from the original grantor to Jonathan Michael Stevens, referencing the original deed by book and page number and reciting the name error, cures the defect. If the original grantor is deceased or unavailable, a court order or an affidavit of identity recorded alongside the original deed may serve as an alternative, but a confirmation deed from a living grantor is the cleanest solution.
A defective legal description is the second most common trigger. A deed that describes the property as Lot 47 when the correct lot is Lot 74, or that transposes digits in a metes and bounds description, conveys nothing because the property described does not match the property the parties intended to transfer. A deed of confirmation with the correct legal description, executed by the original grantor, fixes the error and makes the chain of title whole. The alternative, obtaining a corrective deed through litigation, costs thousands of dollars and takes months.
A defective execution occurs when the deed was signed without proper formalities. In some states, a deed must be signed by both spouses to convey homestead property, even if only one spouse holds title. A deed signed by the title-holding spouse alone may be voidable. A confirmation deed signed by both spouses cures the defect. Similarly, a deed signed by a corporate officer who lacked authority to bind the company, or a deed signed under a power of attorney that had expired, can be ratified by a confirmation deed from the party with actual authority.
Post-foreclosure and tax-sale confirmations serve a different purpose. When a property is sold at a foreclosure auction or a tax sale, the purchaser often receives a sheriff’s deed or a tax deed that conveys the property subject to certain redemption rights or challenges. A deed of confirmation issued after the redemption period has expired, or after a court has validated the sale, confirms that the purchaser’s title is now absolute and extinguishes any lingering claims from the former owner. Title insurers routinely require a confirmation deed before they will issue a policy on a property acquired through a tax sale.
Estate and probate confirmations address authority gaps. If a property was transferred by an executor before the court issued letters testamentary, the deed is technically void because the executor lacked authority at the time of the transfer. A confirmation deed executed after the letters are issued ratifies the transfer and cures the timing defect. The same principle applies to trustees who transfer trust property before the trust is fully funded or before all conditions precedent are satisfied.
How a Deed of Confirmation Differs From a Corrective Deed, Quitclaim Deed, and Warranty Deed
A corrective deed and a deed of confirmation are often confused, and they are used differently. A corrective deed fixes a scrivener’s error in the original deed, such as a misspelled name or an incorrect legal description, and it is typically executed by the same grantor who signed the original deed. A deed of confirmation is broader. It not only corrects errors but also ratifies transactions that were defectively executed, confirms transfers where authority was unclear, and strengthens title after events like foreclosure or tax sales that create uncertainty about the validity of the prior conveyance.
A quitclaim deed transfers whatever interest the grantor has, if any, with no warranties. A grantor who signs a quitclaim deed is making no promise that they actually own the property or that the title is good. A deed of confirmation carries more weight because it contains a recitation of the prior transfer, acknowledges the defect, and confirms that the parties intended the transfer to be valid. Title insurers prefer a confirmation deed over a quitclaim deed when curing a known defect because the confirmation deed contains an affirmative statement of intent rather than a mere release of claims.
| Deed type | What it does | Warranties | Typical use |
| Deed of confirmation | Ratifies and cures a prior defective deed | Varies; often none beyond the ratification | Fixing title defects from prior transfers |
| Corrective deed | Fixes a specific clerical error in a prior deed | Same as original deed | Misspelled names, wrong lot numbers |
| Quitclaim deed | Releases whatever interest the grantor may have | None | Clearing clouds on title, divorce transfers |
| Warranty deed | Transfers title with full covenants | Full warranties of title | Standard arm’s-length sale |
How a Deed of Confirmation Works in Practice
A deed of confirmation must be in writing, signed by the confirming grantor, notarized, and recorded in the county where the property is located. The body of the deed recites the original transfer by reference to the recording information of the defective deed, describes the defect, states that the parties intended the original transfer to be valid despite the defect, and confirms that title vested in the grantee as of the date of the original transfer. The legal description in the confirmation deed must match the corrected legal description of the property, and the name of the grantee must match the name of the person who is intended to hold title.
The confirmation deed is recorded in the chain of title immediately after the defective deed. The recording creates constructive notice that the defect has been cured. Future title examiners will see the original deed, note the defect, see the confirmation deed, and conclude that the chain of title is whole. Without the confirmation deed, the defect remains in the chain forever, waiting to resurface the next time the property is sold or refinanced.
Obtaining a deed of confirmation requires locating the original grantor and persuading them to sign it. If the original grantor is cooperative and the defect is straightforward, the confirmation deed can be prepared by a real estate attorney in a day and recorded the next. The cost is an hour or two of attorney time, typically two to five hundred dollars, plus the recording fee. If the original grantor is deceased, refuses to cooperate, or cannot be located, the alternative is a quiet title action in court, which takes months and costs several thousand dollars. The time to ask the grantor to sign a confirmation deed is when the defect is discovered, not when a sale deadline is three weeks away and the grantor has moved to another state.
FAQ — Deeds of Confirmation
Why not just record a brand new deed instead of a confirmation deed?
A new deed would create a new transfer date, which breaks the chain of title and creates a gap between the original defective deed and the new deed. During that gap, liens, judgments, or other encumbrances may have attached to the property. A confirmation deed preserves the original transfer date, so no gap appears in the chain and no intervening liens can gain priority. This is the most important legal distinction between a confirmation deed and a new deed, and it is why title insurers insist on confirmation deeds rather than replacement deeds.
What if the person who needs to sign the confirmation deed refuses?
If the defect is a clerical error and the original grantor refuses to sign a confirmation deed, you can petition the court for an order directing the county recorder to correct the record or for a declaratory judgment that the original deed is valid despite the error. If the defect involves a missing signature or a question of authority, and the grantor refuses to ratify the transfer, you may need to file a quiet title action to establish that your ownership is valid. A quiet title action asks the court to determine who holds legal title and to extinguish competing claims. It is the legal equivalent of a confirmation deed imposed by court order rather than by consent.
Does a deed of confirmation trigger transfer taxes or reassessment?
A properly drafted deed of confirmation does not trigger transfer taxes or property tax reassessment because it is not a new transfer. It confirms a transfer that already occurred. The recitation in the deed should state explicitly that the document is a confirmatory instrument, that no new consideration is being paid, and that the purpose is to ratify a prior transfer rather than to create a new one. Some county recorders require a transfer tax exemption affidavit to be filed alongside the confirmation deed. A real estate attorney who practices in the county where the property is located will know the local requirements.
Last modified: June 12, 2026
