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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 new instrument is recorded in the public record.
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.
A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.
The statute contemplates three types of scrivener's errors: (1) An error or omission in no more than one of the lot or block identifications of a recorded platted lot; (2) An error or omission in no more than one of the unit, building, or phase identifications of a condominium or cooperative unit; or.
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.
Correcting Deed Mistakes Such an amendment to the original deed is called a Scrivener's Affidavit. Because a Scrivener's Affidavit simply clarifies that there was a mistake with the prior deed or deeds, in the case that such an affidavit is required, one can then move forward with receiving title insurance in full.
In order to correct an error on a California deed, you will need to revise or modify the language in the deed to remove the error. If your deed has been signed and recorded, you will need to complete a Correction Deed or a Scrivener's Affidavit to correct the error.