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FAQ
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A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.
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In the State of Tennessee, a quitclaim deed must be either notarized by a Notary Public or signed by the seller of the property in front of two witnesses (§ 66-22-101). Once one of these criteria has been met, the document must be filed with the Register of Deeds Office along with the proper filing fees (§ 66-5-106).
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How Do I Fill Out a Scrivener's Error Affidavit? The date the clerk recorded the document. The names of all people that signed the original document. The name of the person who prepared the original document and their job title. A description of the omission or error. The corrected or added information.
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These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.
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(b) “Intended real property” means the real property vested in the grantor and intended to be conveyed by the grantor in the erroneous deed. (c) “Scrivener's error” means a single error or omission in the legal description of the intended real property in no more than one of the following categories: 1.
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A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.
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These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.
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Per Tennessee Code § 67-4-409, the state imposes a Realty Transfer Tax on most transfers of real property. For quitclaim deeds, the amount of the tax is at a rate of $0.37 per $100 of the property's purchase price.
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A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.
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A scrivener's error affidavit is used to identify the previously recorded document and describe the corrections that need to be made to the document.
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