Mississippi Scrivener's Affidavit
Description
Definition and meaning
The Mississippi Scrivener's Affidavit is a legal document used to affirm the accuracy of a written instrument, typically a real estate document, such as a Deed of Trust. This affidavit is often filed to correct errors in the original documents or to provide clarity regarding property descriptions. It is particularly useful for attorneys who are addressing mistakes in legal filings that could affect property rights.
How to complete a form
Completing the Mississippi Scrivener's Affidavit involves several key steps:
- Gather necessary information: Ensure you have all relevant details, including the date of the original document, the property description, and the corrections to be made.
- Fill out the affidavit: Provide your name, the name of your law firm, and the details of the error.
- Sign in front of a notary: After completing the affidavit, you must sign it in the presence of a notary public.
- File with the appropriate clerk: Submit the completed affidavit to the county clerk’s office where the original document is recorded.
Who should use this form
The Mississippi Scrivener's Affidavit should be used by:
- Attorneys representing clients who need to correct legal documents.
- Individuals who have discovered errors in property records.
- Real estate professionals who handle property transactions and need to clarify discrepancies in official documents.
Key components of the form
The Mississippi Scrivener's Affidavit consists of several essential components, including:
- Affiant's Information: Name and credentials of the attorney making the affidavit.
- Error Description: A clear statement of the error in the original document.
- Correct Legal Description: The accurate description of the property in question.
- Notary Verification: Signature and information of the notary public verifying the affidavit.
What to expect during notarization or witnessing
When notarizing the Mississippi Scrivener's Affidavit, you can expect the following:
- The notary will verify your identity by checking your government-issued ID.
- You will need to sign the affidavit in the notary's presence.
- The notary will then complete the notarization by affixing their signature and seal, confirming the document's validity.
Common mistakes to avoid when using this form
When completing the Mississippi Scrivener's Affidavit, avoid these common pitfalls:
- Leaving sections incomplete, which can lead to delays in processing.
- Failing to have the document notarized properly.
- Not including the correct legal description of the property.
- Submitting the affidavit to the wrong county clerk’s office.
State-specific requirements
In Mississippi, certain requirements must be met when filing a Scrivener's Affidavit:
- The affidavit must be signed by an attorney licensed to practice in Mississippi.
- It must include a correct and complete legal description of the property.
- Filing fees may apply, which vary by county.
How to fill out Mississippi Scrivener's Affidavit?
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FAQ
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.
A correction deed is a new deed signed and acknowledged by the grantor. A correction affidavit can be signed by either party but is used in limited situations. This press release was authorized by Mark W. Bidwell, an attorney licensed in California.
If there is a mistake or omission in the affidavit, the proper way is to file an affidavit expla...the affidavit filed by him in lieu of examination in chief. The said application was dismissed by the learned Magistrate, against which the petitioner preferred revision before the Court of Session...
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.
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.
Correction Deed - Correcting A Recorded Deed.A correction deed confirms the covenants and warranties of the prior deed. It needs to refer to that instrument by indicating its execution and recording date, the place of recording, and the number under which the document is filed.
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.
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.