Kentucky Scrivener's Error in Deed
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How to fill out Scrivener's Error In Deed?
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FAQ
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.
(1) All deeds, mortgages and other instruments required by law to be recorded to be effectual against purchasers without notice, or creditors, shall be recorded in the county clerk's office of the county in which the property conveyed, or the greater part thereof, is located.
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 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.
What is a Scrivener's Affidavit? 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.
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.
Small mistakes, like misspelling or omitting a word, can often be corrected with a scrivener's affidavit. The affidavit describes how the incorrect part of the deed should read, and the affidavit is signed and recorded by the person who wrote the deed.
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.