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Fill Out Your Scrivener's Affidavit Form

The Scrivener's Affidavit is a legal document used to clarify and correct errors in written instruments, such as deeds or contracts. This form is essential for ensuring that the intent of the parties involved is accurately reflected in the official records. By providing a sworn statement from the scrivener, or the individual who prepared the document, it helps to resolve discrepancies and uphold the integrity of legal documents.

Form Sample

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

 

 

 

________________________

__________________

 

 

 

Misconceptions

The Scrivener's Affidavit form is often misunderstood. Here are six common misconceptions about it:

  1. It is only used by lawyers.

    Many people think that only attorneys can use the Scrivener's Affidavit. In reality, anyone involved in a legal matter can utilize this form to clarify certain facts or statements.

  2. It is a legally binding document.

    Some believe that once a Scrivener's Affidavit is signed, it holds the same weight as a court order. However, this form is primarily used to provide evidence or clarification and does not have the same legal force as a judgment.

  3. It can be used for any type of case.

    This form is specific to certain situations, such as correcting clerical errors or confirming facts. It is not applicable in all legal contexts.

  4. It requires extensive legal knowledge to complete.

    While some understanding of legal terms can be helpful, the Scrivener's Affidavit is designed to be straightforward. Most individuals can fill it out with basic information and guidance.

  5. Once filed, it cannot be changed.

    People often think that the information in a Scrivener's Affidavit is set in stone. In fact, if new information arises, it can be amended or supplemented as needed.

  6. It is only for real estate matters.

    While frequently associated with property issues, the Scrivener's Affidavit can also be relevant in various legal situations, including family law and contract disputes.

Key takeaways

The Scrivener's Affidavit is an important legal document used in various legal proceedings. Here are key takeaways for filling out and using this form:

  • The affidavit serves as a written statement confirmed by oath or affirmation.
  • It is typically used to clarify or correct a prior document or statement.
  • Accurate and complete information is essential; any inaccuracies can lead to legal complications.
  • Ensure that all relevant details, such as names, dates, and events, are included in the affidavit.
  • The affidavit must be signed in the presence of a notary public or another authorized official.
  • It is crucial to keep a copy of the signed affidavit for personal records and future reference.
  • Filing the affidavit with the appropriate court or agency is necessary for it to be legally recognized.
  • Consulting with a legal professional can provide guidance on the specific requirements for your jurisdiction.

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