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.
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
________________________
__________________
The Scrivener's Affidavit form is often misunderstood. Here are six common misconceptions about it:
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.
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.
This form is specific to certain situations, such as correcting clerical errors or confirming facts. It is not applicable in all legal contexts.
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.
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.
While frequently associated with property issues, the Scrivener's Affidavit can also be relevant in various legal situations, including family law and contract disputes.
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:
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