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Missouri Affidavit of Scrivener's Error - Affidavit of Correction

State:
Missouri
Control #:
MO-02510BG
Format:
Word; 
Rich Text
Instant download

About this form

The Affidavit of Scrivener's Error, also known as the Affidavit of Correction, is a legal document used to correct clerical errors in existing legal instruments. This form serves as a sworn statement, affirming that specific mistakes in documents such as property deeds have been rectified. Unlike other affidavits, the Affidavit of Correction focuses specifically on identifying and correcting errors—typically typographical or clerical—ensuring the accurate representation of the intended legal information.

Form components explained

  • Name and signature of the affiant.
  • Description of the specific clerical error in the original document.
  • The corrected legal description or information.
  • Acknowledgment section for notarization.
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  • Preview Affidavit of Scrivener's Error - Affidavit of Correction

When to use this document

This form is typically used when a legal document has been recorded with clerical errors that might affect the execution or understanding of that document. Common situations include incorrect legal descriptions in property deeds, misnamed parties, or erroneous dates. Submitting an Affidavit of Correction ensures that the document accurately reflects the intended information to avoid future legal disputes or complications.

Who should use this form

  • Property owners seeking to correct errors in recorded deeds.
  • Legal professionals representing clients with clerical mistakes in their legal documents.
  • Anyone involved in a legal transaction that has been affected by clerical errors.

How to prepare this document

  • Identify the parties involved, including the affiant, grantors, and grantee.
  • Note the original document's details, including the date, book, and page where it is recorded.
  • Clearly describe the clerical error that needs correction.
  • Provide the correct information or legal description to replace the erroneous one.
  • Sign the affidavit in front of a notary public, ensuring acknowledgment of the authenticity of your statement.

Is notarization required?

Yes, this form must be notarized to be legally valid. Notarization serves to confirm the identity of the affiant and the authenticity of the signature. US Legal Forms offers integrated online notarization services, allowing you to complete this process securely from home, ensuring convenience and no need for travel.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

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Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

Form selector

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

Form selector

We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

  • Failing to clearly identify the specific clerical error.
  • Not providing the correct legal description accurately.
  • Not having the affidavit notarized, if required.

Advantages of online completion

  • Convenient access to legal forms that can be downloaded immediately.
  • Editable templates that allow customization to fit your specific needs.
  • Documents drafted by licensed attorneys for assurance of legal compliance.

Quick recap

  • An Affidavit of Scrivener's Error corrects clerical mistakes in legal documents.
  • This form must be notarized to be legally valid.
  • It's essential for property owners and legal representatives to maintain accurate records.
  • Using online form services adds convenience and reliability to the process.

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FAQ

First, if the scrivener's error is apparent on the face of the policy, a court may correct that error by applying the general rules of contract interpretation. Second, if a scrivener's error is not apparent on the face of the policy, a court may reform the contract to correct the error if the error is a mutual mistake.

Re-recording of the original document. With corrections made in the body of the original document. A cover sheet detailing the changes. Must be re-signed and re-acknowledged. Correction Deed. A new deed reflecting the corrections/changes. Must meet all recording requirements of a deed.

Correct common errors in a deed, such as typographical mistakes or omissions in various sections of the original deed, by using a corrective deed, which must be signed by the grantor and witnesses and re-acknowledged.

Correcting a Mortgage Record Error If your mortgage record is filed, you cannot unfile it, correct it, and then resubmit it. However, you can amend the record with a corrective or newly executed deed or mortgage.

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.

The doctrine of a "scrivener's error" is the legal principle that a map-drafting or typographical error in a written contract may be corrected by oral evidence if the evidence is clear, convincing, and precise.

What is a Correction Affidavit? An Affidavit of Correction may be used to correct inaccurate information on an official court or government record. This includes: DMV records, such as vehicle registration or title. Property records, like deeds or liens.

Draw line through entry (thin pen line). Make sure that the inaccurate information is still legible. Initial and date the entry. State the reason for the error (i.e. in the margin or above the note if room). Document the correct information.

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Missouri Affidavit of Scrivener's Error - Affidavit of Correction