California Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed

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

Description

A scrivener's affidavit is a legal affidavit is a written statement made under oath, witnessed by a Notary Public. Legal documents submitted to a court usually require that signed affidavits or certificates to their authenticity be added prior to submission. Many types of affidavits exist, including the scrivener's affidavit. This affidavit statement added to an existing document correcting an error, usually clerical. This type of affidavit affirms that specific clerical errors made in an existing legal document have been corrected. Property deeds, deeds of trust and bills of property all use a scrivener's affidavit to affirm clerical corrections.
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FAQ

The categories that can be corrected by simply filing a Corrective Affidavit with the county recorder are (a) A missing or incorrect address of the party requesting return notice in the deed (Cal.Gov Code 27361.6); (b) An incorrect, or missing printed or typed name of an individual or entity near the signature on the ...

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.

A Scrivener's Affidavit is a sworn statement written and signed by the person who originally created the deed in question. The Affidavit doesn't correct anything; rather, it adds information to the recorded deed and property information to amend, address, or clarify information on the original deed.

Section 27201 of the Government Code states that a corrective affidavit can only be used to correct the following: an incorrect or missing return address; a clarification of illegible text; an incorrect or missing printed or typed name near the signature; or an incorrect or missing documentary transfer tax amount due.

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.

How to Correct a Deed Re-recording of the original document. With corrections made in the body of the original document. A cover sheet detailing the changes. Must be re-signed and re-acknowledged. Correction Deed. A new deed reflecting the corrections/changes. Must meet all recording requirements of a deed.

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California Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed