Colorado Affidavit Correcting Defective Acknowledgment by Notary- Scriveners
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How to fill out Affidavit Correcting Defective Acknowledgment By Notary- Scriveners?
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FAQ
The words "statutory exceptions", when used in any deed, mean that the grantee accepts title to the conveyed property subject to: (I) Real estate taxes for the calendar year in which the conveyance occurred and subsequent years that are not yet due and payable; (II) All matters that are disclosed or that would have ...
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.
In order to correct an error on a California deed, you will need to revise or modify the language in the deed to remove the error. If your deed has been signed and recorded, you will need to complete a Correction Deed or a Scrivener's Affidavit to correct the error.
The errors usually adjusted by a corrective deed are minor omissions or typographical mistakes, sometimes called scrivener's errors. Among those are misspelled names, omitted or wrong middle initial, a minor error in the property description, or an omitted execution date, or a faulty acknowledgment.
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.
Steps to fixing an incorrect deed Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Obtain the original signature(s) of the Grantor(s). Re-execute the deed with proper notarization and witnessing.
How can you correct a legal description error? In the case of a minor error, an individual other than the party of the original deed can draft an affidavit serving as an official notification of the error. Otherwise, it is possible to file a corrective deed that amends the defects of the original document on record.
If a deed description has an incorrect lot number or has a typo in the course or distance call in the description, a scrivener's affidavit is an easy way to correct the error. One thing a scrivener's affidavit can't fix is use of the wrong name for the grantee in a deed.
