Utah Affidavit Correcting Defective Acknowledgment by Notary- Scriveners
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How to fill out Affidavit Correcting Defective Acknowledgment By Notary- Scriveners?
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FAQ
Generally speaking, a scrivener's error is an unintentional mistake in the drafting of a contract. 1 Examples include typing an incorrect word, number, or letter, or omitting a word or words or even an entire provision of the contract.
Since this is an official written statement under oath, a scrivener's affidavit should be signed in front of a notary public and recorded at the courthouse with the real property records.
In fact, the signer has the sole right to make changes to the document. Remember, if the notarization period is complete, then the public notary cannot modify a notarial certificate. In order to make changes, however, the signer has to appear in person in the presence of a notary public to initiate new notarization.
Small mistakes, like misspelling or omitting a word, can often be corrected with a scrivener's affidavit. The affidavit describes how the incorrect part of the deed should read, and the affidavit is signed and recorded by the person who wrote the deed.
Jurat certifies a voluntary signature was made in the notary's presence, whereas Acknowledgment certifies a signer has admitted in the notary's presence to voluntarily signing. Both require personal appearance.
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.
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.
While Utah law does not require a notary to keep a journal, here is a good question to ask yourself when considering whether or not to keep one: How will you defend yourself in a court of law if a notarization is called into question? If your answer is: ?My notary journal?, you would be correct.
