The Scrivener's Affidavit is a legal document used to confirm the accuracy of a written instrument, typically involving a real estate transaction. This form serves as a declaration by the scrivener, or the person who prepared the document, affirming that the contents are correct. Understanding its purpose and proper usage is essential for ensuring the validity of legal documents.
A Scrivener's Affidavit is a legal document used to correct or clarify errors in a previously executed document, typically a deed or contract. It is often employed when there are mistakes in the wording, names, or other details that do not accurately reflect the intentions of the parties involved. This affidavit helps to ensure that the record is clear and accurate.
Any party involved in a legal document can use a Scrivener's Affidavit. This includes individuals, businesses, or organizations that need to rectify errors in documents such as property deeds, contracts, or other legal agreements. It is essential that the person filing the affidavit has the authority to do so and is knowledgeable about the original document's intent.
To complete a Scrivener's Affidavit, follow these steps:
Make sure to provide accurate details to avoid further confusion. It may be beneficial to consult with a legal professional during this process.
While it is not mandatory to have a lawyer to file a Scrivener's Affidavit, seeking legal advice can be advantageous. A lawyer can help ensure that the affidavit is correctly drafted and that it meets all legal requirements. This can prevent potential issues down the line, especially if the original document is complex.
The Scrivener's Affidavit should be filed with the same office where the original document was recorded. This is often the county clerk's office or the recorder's office, depending on the type of document. Ensure you check local regulations, as filing procedures may vary by jurisdiction.
Once you file the Scrivener's Affidavit, it becomes part of the public record. This means that anyone can access it, and it serves to clarify the original document for future reference. It is advisable to keep a copy for your records and inform any relevant parties about the correction made.
The Scrivener's Affidavit form is often misunderstood. Below are ten common misconceptions associated with this form, along with clarifications for each.
The Scrivener's Affidavit can be utilized in various legal contexts, not just real estate. It serves to clarify the intent of documents and can be relevant in other legal matters as well.
While attorneys often draft these affidavits, they are not the only individuals who can do so. Anyone with knowledge of the facts can prepare an affidavit, provided it meets the necessary legal standards.
The Scrivener's Affidavit itself is not a legally binding contract. Instead, it serves to provide clarity and context to other documents, which may carry legal weight.
While notarization adds credibility, it is not always a requirement for the Scrivener's Affidavit. The specific requirements can vary by jurisdiction.
The Scrivener's Affidavit does not replace other legal documents. It is meant to complement and clarify existing documents, not substitute them.
This affidavit can be useful even in the absence of a dispute. It can help prevent misunderstandings by clearly stating intentions or facts related to a transaction.
While it is possible for individuals to draft an affidavit, it is advisable to seek guidance. Proper format and content are essential to ensure the document serves its intended purpose.
Depending on the circumstances, some jurisdictions may require the Scrivener's Affidavit to be filed with the court or included in the public record.
The Scrivener's Affidavit cannot change the terms of a contract. It merely provides additional context or clarification regarding the original agreement.
While changes to a Scrivener's Affidavit may be challenging, it is possible to amend the affidavit if necessary. Proper procedures must be followed to ensure the changes are legally recognized.
Missing Signatures: One of the most common mistakes is forgetting to sign the affidavit. A signature is essential for the document to be valid.
Incorrect Notarization: Some individuals neglect to have their affidavit notarized. A notary public must witness the signing to ensure authenticity.
Inaccurate Information: Failing to provide accurate details can lead to significant issues. Double-check names, dates, and addresses for correctness.
Omitting Required Sections: Each affidavit has specific sections that must be filled out. Leaving out a required section can render the document incomplete.
Using Unclear Language: Ambiguity can create confusion. Use clear and concise language to ensure the affidavit conveys the intended message.
Not Following the Format: Affidavits often have a specific format. Straying from this format can lead to complications during processing.
Failing to Date the Document: Forgetting to include the date of signing is a common oversight. A date is crucial for establishing the timeline of the affidavit.
Neglecting to Review the Document: Skipping a final review can result in overlooked errors. Always take the time to read through the affidavit before submission.
Submitting Without Copies: Some people submit the original affidavit without making copies. Keep a copy for your records, as it may be needed later.
SCRIVENER’S AFFIDAVIT
Prepared By: (Name & Address)
____________________________
Property Identification Number:
Document Number to Correct:
Attach complete legal description
I, ______________________________, the affiant and preparer of this Scrivener’s Affidavit, whose relationship to
the above-referenced document number is (ex. drafting attorney, closing title company, grantor/grantee, etc.):
________________________________________________, do hereby swear and affirm that Document Number:
_________________________________, included the following mistake: __________________________________
_____________________________________________________________________________________________
which is hereby corrected as follows: (use additional pages as needed), or attach an exhibit which includes the correction—but DO NOT ATTACH the original/certified copy of the originally recorded document:____________________________________________________________________________
____________________________________________________________________________________________.
Finally, I ___________________________________, the affiant, do hereby swear to the above correction, and
believe it to be the true and accurate intention(s) of the parties who drafted and recorded the referenced document.
__________________________________________
Affiant’s Signature Above
Date Affidavit Executed
NOTARY SECTION:
State of ______________________)
)
County of ____________________ )
I, __________________________, a Notary Public for the above-referenced jurisdiction do hereby swear and affirm
that the above-referenced affiant did appear before me on the below indicated date and affix her/his signature or marking to the foregoing Scrivener’s Affidavit after providing me with a government issued identification, and
appearing to be of sound mind and free from any undue coercion or influence.
AFFIX
NOTARY
STAMP
BELOW
Notary Public Signature Below
Date Notarized Below
________________________
__________________
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