Kings New York Affidavit of Scrivener's Error

State:
New York
County:
Kings
Control #:
NY-LR183T
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

A scrivener's error affidavit is used to identify the previously recorded document and describe the corrections that need to be made to the document.

A person whose, business it is to write deeds and other instruments for others; a conveyancer. Money scriveners are those who are engaged in procuring money to be lent on mortgages and other securities, and lending such money accordingly. They act also as agents for the purchase and sale of real estates.

First, if the scrivener's error is apparent on the face of the policy, a court may correct that error by applying the general rules of contract interpretation. Second, if a scrivener's error is not apparent on the face of the policy, a court may reform the contract to correct the error if the error is a mutual mistake.

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. A scrivener's error can occur in an insurer's standard.

A scrivener's affidavit is a form used to correct minor errors in a legal document that was previously executed. Some of the errors that the scrivener affidavit is used to correct include a typographical error, misspelling of a name, or incorrect strikeover of a word.

In North Carolina, property owners generally have three options for correcting errors within property deeds. These include using an affidavit of correction, also known as a scrivener's affidavit; re-recording the original deed; or using a newly-drafted correction deed.

(b) ?Intended real property? means the real property vested in the grantor and intended to be conveyed by the grantor in the erroneous deed. (c) ?Scrivener's error? means a single error or omission in the legal description of the intended real property in no more than one of the following categories: 1.

These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.

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Kings New York Affidavit of Scrivener's Error