Alabama Scrivener's Affidavit
Overview of this form
A scrivener's affidavit is a legal document used to correct errors found in a deed prepared by an attorney. Unlike other affidavits, which may serve various purposes, this affidavit specifically addresses inaccuracies within real property transactions, ensuring the formal record reflects the true intent of the parties involved. By utilizing this form, attorneys can provide a sworn statement to clarify discrepancies that may have occurred during the drafting of a deed.
What’s included in this form
- Affiant's name and attorney status.
- Specific details of the erroneous deed, including dates and parties involved.
- Identification of the parcels of land affected by the error.
- Clear explanation of the mistake, with correction information provided.
- Date and signatures for validation, including notarization details.
Situations where this form applies
This form is needed when an attorney identifies a mistake in a previously executed deed. Common situations include misstatements about property boundaries, incorrect distances, or typographical errors that could affect the enforceability of the deed. It serves to ensure that the public record accurately reflects the transaction.
Who should use this form
This form is intended for:
- Licensed attorneys who have prepared a deed and need to correct an error.
- Clients involving real estate transactions where inaccuracies may hinder property interests.
- The parties affected by the deed's inaccuracies, as represented by their legal counsel.
How to complete this form
- Enter the name of the attorney preparing the affidavit and their office location.
- Specify the date the original deed was prepared and identify the parties involved.
- List the parcels of land that are affected by the error.
- Detail the nature of the error found in the deed, highlighting the incorrect information.
- Provide the correct information that should replace the error, including distances if applicable.
- Finalize the affidavit with the correct date and ensure it is signed in front of a notary public.
Is notarization required?
Yes, this form must be notarized to be legally valid. The affidavit requires a sworn statement before a notary public, thereby ensuring its authenticity and compliance with legal standards. US Legal Forms offers integrated online notarization services, making it easy to complete this process through secure video calls.
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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.
Avoid these common issues
- Failing to identify all inaccuracies in the original deed.
- Not providing sufficient details about the correction needed.
- Incomplete or incorrect notarization process.
- Omitting the accurate description of the property involved.
Advantages of online completion
- Convenient access to professionally drafted forms ensures accuracy.
- Editable templates reduce the likelihood of errors during completion.
- Secure electronic storage options for completed documents enhance reliability.
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FAQ
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.
Alabama does not allow real estate to be transferred with transfer-on-death deeds.
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.
At death, property is transferred from your name (ownership) in one of three ways: by title; by beneficiary designation; or by probate. The trick to avoiding probate is to make sure all of your assets are set up as transfers under either joint title or beneficiary designation.
If there is a mistake or omission in the affidavit, the proper way is to file an affidavit expla...the affidavit filed by him in lieu of examination in chief. The said application was dismissed by the learned Magistrate, against which the petitioner preferred revision before the Court of Session...
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.
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.
