4. Alteration of documents

(May 1, 2000)

A. Certain changes are not “alterations” and are acceptable.

An alteration is a change which on its face appears likely to have been made after the instrument was executed, such as a handwritten change or a whiteout. However, if the document shows that the change was made intentionally by the parties to the instrument, or with their approval, it should not legally be considered as an alteration. Thus changes to an instrument which have the handwritten initials of the parties alongside the change are not considered alterations for the purpose of this guideline and may be accepted for filing without other documentation.

B. Three categories of alterations.

Alterations of instruments can be separated into three categories:

Category 1.

The first category consists of changes and insertions of information which are either obviously required or are of a ministerial or clarifying nature. Examples of this category include, but are not limited to, the following:

1. the insertion of the address of the property in the margin of a deed or on a discharge of a mortgage;
2. the insertion or correction of an erroneous reference to either the date or the record reference (but not both) to a mortgage in the case of an assignment, partial release, or discharge of such mortgage;
3. the insertion of the grantor’s Certificate of Title number in a deed;
4. the insertion of the Certificate of Title number indicating where a Land Court plan is filed when the plan is already referenced by a Land Court plan number;
5. the deletion or addition of a middle or first initial of an individual;
6. the addition of another name of a party as a result of change of marital status;
7. the correction of a minor variation from the correct name of a corporation, limited partnership, limited liability company or other entity, such as the omission or addition of “The” or the interchange of “Corporation” for “Corp”;
8. changing “for no monetary consideration paid” to “for consideration paid of one dollar” or “love and affection” (or words of similar import) in a deed;
9. the correction of obvious misspellings or the addition of prefixes or suffixes;
10. the insertion of “formerly known as” or “f/k/a” or “also known as” or “a/k/a” or “successor to” followed by a name of a person or entity, when the change is plainly made for the purpose of clarification;
11. changes in the form of tenancy in the grantee clause of a deed, provided the alteration does not negate the decision regarding survivorship rights reflected by the unaltered deed. This Category 1 includes insertion of a form of tenancy where none is specified, and changing a joint tenancy to tenancy by the entireties, or vice versa, which may be accepted without further inquiry. If the deed indicates a change from a joint tenancy or tenancy by the entireties to a tenancy in common, or vice versa, all grantees must initial the change; if they do not, but instead supply the affidavit called for under Category 2 (signed by all grantees) the change will be treated as a Category 2 alteration; otherwise the change will be treated as a Category 3 alteration;
12. the insertion of the official, corporate or similar office or title of a signatory; or
13. the addition of Book and Page or instrument numbers of recorded or filed instruments otherwise accurately described in the instrument presented for filing.

Alterations of an instrument in this first category may be accepted, without further documentation and without Court approval, unless in the judgment of the registry personnel there is something unusual about the alteration which requires further inquiry in which case the requirements for the second category may be considered. Alterations of a grantee’s name, except as described above, do not belong in this category.

Category 2.

The second category consists of alterations which do not belong in the first category or the third category but which do not separately or in the aggregate change the substance of the instrument. Handwritten changes may be considered in this category in the discretion of registry personnel. A change in the grantee clause of deed which changes the form of tenancy from one with a right of survivorship to one without survivorship, or vice versa, falls into this Category 2, requiring an affidavit of all of the grantees, unless all grantees have initialed the change; otherwise the change will be treated as a Category 3 alteration. Other types of alterations in this second category may only be accepted for filing when accompanied by the affidavit of an attorney, or of a grantor in the instrument, stating in substance that the alteration(s) were made to conform to the intention of the parties to the instrument. Suggested forms of affidavit are attached to this guideline. Changes to the names of the grantees in a deed (except as described above as belonging in the first category) belong in the third category.

Category 3.

The third category consists of changes in the name(s) of the grantee(s) in a deed (except as permitted under Category 1) or other alterations which change the substance of the instrument, such as the addition or deletion of parcels of land. Changes to documents issued by a court, such as an order authorizing the filing of an attachment or a lis pendens, are in this category, unless clearly ministerial. Changes in this third category shall not be accepted for filing without an order of the Court or approval of the Court’s Chief Title Examiner or his or her designee.

Affidavit of Attorney

The undersigned, an attorney at law, makes the following statements of my own personal knowledge:

1. I am the attorney for [name of client], the [grantor(s)/grantee(s)/mortgagee(s)] named in the [deed/mortgage] to which this affidavit is attached. I participated in the preparation of said [deed/mortgage] or participated in the closing of the transaction of which such [deed/mortgage] is a part or advised the [grantor(s)/grantee(s)/mortgagee(s)] as to the execution and delivery of such [deed/mortgage].
2. Subsequent to the preparation of such [deed/mortgage], the following changes to the [deed/mortgage] were made at the time of delivery of the [deed/mortgage] or in the process of preparing to record the [deed/mortgage]:
   1. [insert appropriate facts]
   2. [insert appropriate facts]
   3. [insert appropriate facts]

3. All such changes were made with the consent and approval of the [grantor(s)/grantee(s)/mortgagee(s)] in order to conform the [deed/mortgage] to their intentions.

   Signed under the pains and penalties of perjury this [day] of [month], [year].

   [Signature of document signer]
   [Printed name of document signer]
   [BBO # of document signer]

Affidavit of Grantor

The undersigned makes the following statements of my own personal knowledge:

1. I am [one of/the] [grantor(s)/mortgagor(s)] named in the [deed/mortgage] to which this affidavit is attached.
2. Subsequent to the preparation of such deed/mortgage, the following changes to the deed/mortgage were made at the time of delivery of the deed/mortgage/in the process of preparing to record the deed/mortgage [insert appropriate facts below]:
   1. [appropriate facts]
   2. [appropriate facts]
   3. [appropriate facts]

3. All such changes were made with the consent and approval of [the undersigned/ all of the grantors/all of the mortgagors] in order to conform the [deed/mortgage] to [my/their] intentions.

   Signed under the pains and penalties of perjury this [day] of [month], [year].

   [Signature of document signer]
   [Printed name of document signer]