Arizona Scrivener's Error in Deed
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How to fill out Scrivener's Error In Deed?
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FAQ
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 scrivener's error constitutes a mistake in the reduction of an agreement to writing? (Rosalie Estates, Inc., v. Colonia Insurance Co., 227 AD2d 335, 337, 643 N.Y.S.
Scrivener's Affidavits are sworn statements by the person who drafted a deed.
A correction deed, also known as a confirmatory or corrective deed, is a legal document used to fix errors on a property title that is recorded. Property owners can use this special type of deed to amend common errors such as misspellings, incomplete names, and other missing information.
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.
On the corrective deed, give the recording information from the previously filed document, then identify which section contains the error. Provide the correct details in the body of the deed. The corrective deed states the nature of the error and recites the date and recording information of the erroneous deed.
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.
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.