Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed
What is this form?
A Scrivener's Error Corrective Affidavit is a formal legal document used to correct minor clerical mistakes in a previously recorded deed. Unlike other affidavits, this form specifically addresses typographical errors or other obvious mistakes in legal instruments, affirming that the corrections are accurate and necessary for proper documentation. This affidavit is crucial for ensuring the validity and clarity of property records.
Key parts of this document
- Name of the officer maintaining land records and the respective county and state.
- Reference to the recorded instrument including book and page numbers.
- Names of all parties involved in the original deed.
- Description of the clerical errors being corrected.
- Signature and printed name of the affiant, along with notarization details.
Common use cases
This affidavit should be used when minor clerical errors, such as typographical mistakes or incorrect names, are found in a recorded deed or related legal documents. It is essential when these mistakes could lead to confusion in property transactions or ownership rights. Correcting these errors preserves the integrity of the document and prevents potential legal disputes.
Intended users of this form
This form is intended for:
- Property owners who discover clerical errors in their recorded deeds.
- Real estate professionals or agents managing property transactions.
- Attorneys assisting clients with property documentation corrections.
- Anyone needing clarification of legal ownership due to clerical mistakes in documentation.
How to complete this form
- Identify and enter the names of the officer responsible for land records along with the county and state.
- Fill in the reference details, including the book and page number of the recorded instrument.
- List the names of all parties involved in the original document.
- Clearly describe the clerical errors that need correction.
- Sign and date the affidavit in the presence of a notary public.
Does this document require notarization?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to accurately describe the clerical errors.
- Not providing complete names of all parties involved.
- Missing the notary signature, which invalidates the affidavit.
- Entering incorrect reference details for the recorded instrument.
Benefits of using this form online
- Convenience of downloading and completing the form at your own pace.
- Editability allows you to ensure all information is correct before submission.
- Access to templates created by licensed attorneys, ensuring legal compliance.
- Quick access to notarization services if needed, without the hassle of travel.
Main things to remember
- The Scrivener's Error Corrective Affidavit is essential for correcting clerical errors in recorded deeds.
- Accurate details and notarization are crucial for legal validity.
- This form aids in ensuring that property records remain accurate and enforceable.
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FAQ
Re-recording of the original document. With corrections made in the body of the original document. A cover sheet detailing the changes. Must be re-signed and re-acknowledged. Correction Deed. A new deed reflecting the corrections/changes. Must meet all recording requirements of a deed.
Draw line through entry (thin pen line). Make sure that the inaccurate information is still legible. Initial and date the entry. State the reason for the error (i.e. in the margin or above the note if room). Document the correct information.
Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Obtain the original signature(s) of the Grantor(s). Re-execute the deed with proper notarization and witnessing.
You can correct an error on a California deed through a Correction Deed or Corrective Deed. Usually deed errors are as a result of someone attempting to prepare a deed without proper knowledge or professional help.
A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.
A correction deed is a new deed signed and acknowledged by the grantor. A correction affidavit can be signed by either party but is used in limited situations. This press release was authorized by Mark W. Bidwell, an attorney licensed in California.
The doctrine of a "scrivener's error" is the legal principle that a map-drafting or typographical error in a written contract may be corrected by oral evidence if the evidence is clear, convincing, and precise.
What is a Correction Affidavit? An Affidavit of Correction may be used to correct inaccurate information on an official court or government record. This includes: DMV records, such as vehicle registration or title. Property records, like deeds or liens.
