South Carolina Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed

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Multi-State
Control #:
US-02537BG
Format:
Word; 
Rich Text
Instant download

Description

A scrivener's affidavit is a legal affidavit is a written statement made under oath, witnessed by a Notary Public. Legal documents submitted to a court usually require that signed affidavits or certificates to their authenticity be added prior to submission. Many types of affidavits exist, including the scrivener's affidavit. This affidavit statement added to an existing document correcting an error, usually clerical. This type of affidavit affirms that specific clerical errors made in an existing legal document have been corrected. Property deeds, deeds of trust and bills of property all use a scrivener's affidavit to affirm clerical corrections.
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FAQ

The deed recording fee is one dollar and eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's ?value? as determined by S.C. Code § 2-24-30.

The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.? (Civ.

Please note: South Carolina is an Attorney State when it comes to Deed preparation. Any preparation by an individual is considered an unauthorized practice of law. UCC Forms - Click on the SC Secretary of State's Web site below.

It should be executed from the original grantor to the original grantee, and it needs to be recorded in order to be legally valid. The correction deed must reference the original conveyance it is correcting by type of error, date of execution and recording, as well as by recording number and location.

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.

A correction deed, also known as a confirmatory or corrective deed, is a legal document used to fix errors on a property title that is recorded. Property owners can use this special type of deed to amend common errors such as misspellings, incomplete names, and other missing information.

To add a name to your property you must sign a new deed conveying interest to an individual. To take someone's name off property they must sign a new deed conveying their interest to someone else. We DO NOT PREPARE documents in the Register of Deeds Office. We only RECORD documents.

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.

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South Carolina Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed