Maryland Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed
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How to fill out Scrivener's Error Corrective Affidavit To Correct Clerical 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.
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.
In Maryland, the original deed cannot be amended for rerecording. If any changes or corrections are made, it becomes a supplemental instrument only and must follow requirements for such instruments. Instead, a newly drafted confirmatory deed, executed, acknowledged, and recorded, will have full legal status.
A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.
What is a corrective deed? A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.
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.
The Bottom Line A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.