New York Affidavit of Scrivener's Error
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FAQ
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.
One who drafts legal instruments such as contracts and wills. noun. 2. 0. A professional copyist; a scribe.
A clerical error is an error on the part of an office worker, often a secretary or personal assistant. It is a phrase which can also be used as an excuse to deflect blame away from specific individuals, such as high-powered executives, and instead redirect it to the more anonymous clerical staff.
When you sign a deed transferring your interest in real property, you cannot reverse it simply because you regret your decision.If you used a grant deed or warranty deed, you should use these same deeds as well. If you don't, the property interest may not be fully transferred back to you.
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.
Considerations. California doesn't require the inclusion of the date, or of money paid, or of a notarization of the transferor's signature on the grant deed, and a grant deed is valid even if it's not recorded in the local land records.
Generally, someone else cannot remove you from title without your consent and/or knowledge. You should speak to a local real estate attorney to see how to return your name to title and how it was removed in the first place.
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.
1 : a professional or public copyist or writer : scribe.
