Arkansas Scrivener's Error in Deed refers to a specific type of mistake or error found within a property deed in the state of Arkansas. The term "scrivener's error" generally refers to an error made by a person responsible for drafting or transcribing a legal document, such as a deed. A scrivener's error in an Arkansas deed could occur due to various reasons, such as a typographical mistake, inaccurate information, or an omission made during the drafting process. These errors can have significant consequences, potentially impacting the legal validity or accuracy of the property description, ownership rights, or encumbrances associated with the property. Identifying and rectifying a Scrivener's Error in Deed is crucial to ensure the integrity and clarity of the property's legal documentation. It is advisable to consult with a knowledgeable real estate attorney or title professional to address and resolve such errors effectively. Types of Arkansas Scrivener's Error in Deed: 1. Typographical Errors: These errors might involve misspelling a name, transposing numbers, or mistyping legal descriptions, resulting in incorrect information within the deed. 2. Errors in Legal Descriptions: This type of error could include inaccurate measurements, boundary descriptions, or failure to include essential details of the property, leading to confusion or disputes regarding the property's true boundaries or size. 3. Omissions or Incorrect Information: A Scrivener's Error in Deed may occur when information, such as a granter's or grantee's name, is omitted or wrongly stated, potentially causing confusion or challenges in identifying the parties involved. 4. Errors in Conveyance Language: This refers to errors in the language used to transfer property ownership, including incorrect phrasing, missing terms, or ineffective use of legal terminology, which can impact the validity or enforceability of the conveyance. 5. Recording Errors: A Scrivener's Error in Deed can also arise at the recording stage, where mistakes may occur during the filing or indexing process, leading to incorrect property records or identification of the deed. Addressing a Scrivener's Error in Deed requires a legal process that typically involves petitioning the court for a correction or reformation of the deed. It is essential to provide clear evidence, supportive documentation, and a compelling argument to rectify the error correctly, ensuring proper property rights and legal standing.
Arkansas Scrivener's Error in Deed
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The affiant must sign the document in order for the correction to be valid (A.C.A. 18-12-108). It must also meet all state and local standards for recorded documents. Submit the completed affidavit at the circuit clerk's office in the county where the real property is located (A.C.A.
You must sign the deed and get your signature notarized, and then record (file) the deed before your death with the county clerk, circuit clerk, or recorder's office (the name varies by county) in the county where the real estate is located. Otherwise, it won't be valid.
Senate Bill 1137 allows a ?scrivener's error affidavit? to be completed, executed, notarized and recorded in the land records to correct information related to the identification, marital status, heirship, relation, death, or the time of death of a person who is a party to an instrument affecting the title to real ...
Arkansas charges a real property transfer tax for real estate transfers involving more than $100.00 in payment. The total transfer tax rate is $3.30 per $1,000.00 of consideration?two-thirds of which is expressly the new owner's responsibility.
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.
A Corrective Deed is used to fix/correct an error on a California deed which has already been recorded. This type of deed does not create a new interest. The Corrective Deed will correct the deed document on the earlier transfer of interest.
Scrivener's Affidavits 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.
A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.