Guam Scrivener's Error in Deed
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How to fill out Scrivener's Error In Deed?
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FAQ
While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy.
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.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
This is a post-closing problem and the issue creates a defective deed which will negatively impact the chain of title. For example, there might be a wrong notation of the metes and bounds or a mistake of a property's lot number. If left unchecked, this creates a serious issue. However, there are ways to correct it.
One of the essential elements of a grant deed is the legal competence of the grantor. Lack of competence on the part of the grantor makes the deed invalid, but such incompetency can only be determined by a court.
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.