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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.
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.
The statute contemplates three types of scrivener's errors: (1) An error or omission in no more than one of the lot or block identifications of a recorded platted lot; (2) An error or omission in no more than one of the unit, building, or phase identifications of a condominium or cooperative unit; or.
The correction deed must be executed from the original grantor to the original grantee and state that its purpose is to correct a specific error, identified by type. It references the prior deed by date(s) and recording/reception number, as well as county of recording.
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.
For any type of real estate title transfer, you'll need to fill out the appropriate forms and have all parties sign in front of a notary. The new owner is responsible for filling out a Real Property Transfer Declaration form and recording the deed at both the recorder's and county clerk's offices.
A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.
How Do I Fill Out a Scrivener's Error Affidavit? The date the clerk recorded the document. The names of all people that signed the original document. The name of the person who prepared the original document and their job title.