Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed
Definition and meaning
A Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed is a legal document used to rectify minor mistakes or typographical errors in a property deed. These errors might include misspellings of names, incorrect property descriptions, or other obvious mistakes that do not alter the intent of the deed. This affidavit is a formal way to correct such errors, ensuring that the public record accurately reflects the true intentions of the parties involved.
How to complete a form
To complete the Scrivener's Error Corrective Affidavit, follow these steps:
- Identify the recorded instrument that contains the error by stating the book and page numbers.
- Clearly list the names of all parties involved, including both the grantor(s) and grantee(s).
- Describe the specific errors in detail, outlining what the correct information should be.
- Complete the certification statement, signing as the affiant.
- Have the document notarized for legal validation.
Who should use this form
This form is suitable for anyone who has discovered a clerical error in an officially recorded deed. It is particularly relevant for property owners, real estate professionals, or attorneys involved in property transactions. Using this form helps to ensure that records are correct and reflects accurate information regarding property ownership.
Key components of the form
The important components of the Scrivener's Error Corrective Affidavit include:
- Identification details: Book and page number of the original recorded deed.
- Parties involved: Names of all grantors and grantees.
- Description of errors: A detailed account of the errors present in the recorded deed.
- Affiant's information: Printed name and signature of the person completing the affidavit.
- Notary public acknowledgment: Verification by a notary public ensuring the document's authenticity.
Form popularity
FAQ
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.
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.
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.
You can correct an error on a California deed through a Correction Deed or Corrective Deed. Usually deed errors are as a result of someone attempting to prepare a deed without proper knowledge or professional help.
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.
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.
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.