Legal Question in Real Estate Law in New York

Re: Confirmation Deed

While your facts seem a little muddled and confusing, I will try to answer your question. My response presumes that the occupier purchased the home and there was something wrong in the original Deed that now needs correction, and this need for a correction was just learned. If a correction is needed, it must be done to convey clear and good title, and cannot be withheld. The issuance of a corrective Deed is a ministerial action only and should not create a new liability where none existed previously and no harm was caused by the need for a corrective Deed at this time. However, if the original mistake caused the purchaser some loss, the loss falls on the person responsible to have issued the correct and proper Deed from the beginning. If this mistake/loss was caused by the attorney preparing the original Deed, and unknown to the Seller who was relying upon the attorney's expertise, the loss is the fault of the attorney and he should be responsible to cover it. More facts are needed for a better reply, such as what was the error that needs correction and what were the repercussions of the mistake, if any. This is a reply to an Internet question and the answer is not intended to be legal advice or as creating an attorney-client relationship.