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Affidavit Of Scrivener Error With Citations

State:
Multi-State
Control #:
US-02537BG
Format:
Word; 
Rich Text
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Description

The Affidavit of Scrivener Error is a legal document used to correct typographical or clerical mistakes in recorded instruments, such as deeds. This form serves as a formal notification to the relevant land records office regarding the errors, enabling an official correction to be made. Generally, the affidavit includes critical details such as the names of the parties involved, the citation of the applicable state statute for correction, and a description of the errors. Filling and editing the form requires attention to detail, as any inaccuracies could lead to further complications. It is particularly useful for attorneys, paralegals, and legal assistants who handle real estate transactions and wish to ensure the integrity of legal documents. Additionally, property owners or partners in real estate ventures might find this affidavit beneficial when rectifying unintentional mistakes in their property records. The use of this form not only maintains legal accuracy but also protects the parties involved from potential disputes arising from clerical errors.
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FAQ

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.

Since this is an official written statement under oath, a scrivener's affidavit should be signed in front of a notary public and recorded at the courthouse with the real property records.

For example, if a court document accidentally misspells a name or incorrectly transcribes a number, it would be considered a scrivener's error.

Scrivener's Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener's Affidavit doesn't correct anything. Instead, it simply adds information to the property records to help clarify something about the prior deed.

First, if the scrivener's error is apparent on the face of the policy, a court may correct that error by applying the general rules of contract interpretation. Second, if a scrivener's error is not apparent on the face of the policy, a court may reform the contract to correct the error if the error is a mutual mistake.

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Affidavit Of Scrivener Error With Citations