Mississippi Scrivener's Affidavit
What this document covers
The Scrivener's Affidavit is a legal document used by an attorney to correct an error in a deed they prepared. It serves to clarify mistakes in the legal descriptions of property, ensuring accurate documentation. This form is distinct from other affidavits as it specifically addresses corrections made to legal instruments, and it must be sworn before a notary public for validity.
Main sections of this form
- Prepared by section for attorney details and file numbers
- Grantor and grantee information fields
- Identification of the deed with the error and its recorded details
- Request for clerical correction by the county clerk
- Correct legal description of the property being amended
- Notarization section for trusteeâs signature and date
When to use this document
This form is typically used when a deed contains errors that need to be officially corrected. Situations may include clerical mistakes in the property description, mismatched names of the grantor or grantee, or other documentation discrepancies. By filing a Scrivener's Affidavit, attorneys can ensure that the public record accurately reflects the intended legal descriptions of properties.
Who can use this document
- Attorneys who prepared deeds with errors
- Legal professionals helping clients with real estate transactions
- Property owners seeking to rectify inaccuracies in recorded deeds
How to complete this form
- Identify and complete the names and contact information of the attorney preparing the affidavit.
- Enter the details of the grantor and grantee, ensuring accuracy in spelling and titles.
- Clearly specify the date and book/page number of the deed that contains the error.
- Provide the correct legal description of the property in question.
- Sign the affidavit in the presence of a notary public, ensuring all required fields are completed.
Does this form need to be notarized?
Yes, this form must be notarized to be legally valid. It is essential to have the Scrivener's Affidavit sworn before a notary public, ensuring the authenticity of the signatures and the accuracy of the statements made within the document. US Legal Forms offers integrated online notarization services for convenience, allowing users to have their forms notarized securely via video call.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
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.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to accurately identify the deed with the correct book/page number.
- Leaving out the correct legal description of the property.
- Not obtaining a notarization, which is mandatory for the affidavit to be valid.
- Using incorrect names or misspelling grantor or grantee details.
Main things to remember
- The Scrivener's Affidavit is vital for correcting errors in property deeds.
- It must be filed with the appropriate local authority, accompanied by notarization.
- Accuracy in information collected is essential to avoid delays or rejections.
- Legal professionals mainly utilize this form during real estate transactions.
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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.
