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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

 

 

 

________________________

__________________

 

 

 

Document Information

Fact Name Description
Definition A Scrivener's Affidavit is a legal document used to correct or clarify a previously recorded document.
Purpose This affidavit aims to address errors such as typographical mistakes or misstatements in legal documents.
Governing Law The specific laws governing Scrivener's Affidavits can vary by state. For example, in California, it falls under California Civil Code Section 1180.
Who Can File Typically, the individual who prepared the original document or a party with an interest in the document can file the affidavit.
Notarization Requirement The Scrivener's Affidavit must be notarized to ensure its validity and authenticity.
Filing Location Affidavits are usually filed with the same office where the original document is recorded, such as a county clerk's office.
Effect on Original Document The affidavit serves to clarify the original document but does not change its legal effect.
Common Uses Commonly used in real estate transactions, it helps correct deeds, mortgages, and other property-related documents.

Scrivener's Affidavit - Usage Guidelines

After gathering the necessary information and documents, you are ready to fill out the Scrivener's Affidavit form. This process involves providing accurate details and ensuring that all sections are completed correctly. Follow these steps to successfully fill out the form.

  1. Obtain the Scrivener's Affidavit form from the appropriate source, such as a legal website or your local courthouse.
  2. Begin with the title section. Write "Scrivener's Affidavit" at the top of the form.
  3. In the first section, enter your name and contact information. Include your address, phone number, and email address.
  4. Next, identify the relevant case. Provide the case number, the names of the parties involved, and the court where the case is filed.
  5. In the body of the affidavit, clearly state the facts you are attesting to. Use concise language and bullet points if necessary to ensure clarity.
  6. After detailing the facts, include a statement of truth. This confirms that the information provided is accurate to the best of your knowledge.
  7. Sign and date the affidavit at the bottom of the form. Ensure your signature is legible.
  8. Finally, have your affidavit notarized. Take the completed form to a notary public, who will verify your identity and witness your signature.

Once the form is completed and notarized, it can be submitted to the appropriate court or party as required. Ensure you keep a copy for your records.

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Dos and Don'ts

When filling out the Scrivener's Affidavit form, it's important to keep a few key points in mind. Here are some things you should and shouldn't do:

  • Do read the instructions carefully before starting.
  • Do provide accurate and truthful information throughout the form.
  • Do sign and date the affidavit in the appropriate section.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank.
  • Don't use unclear or ambiguous language.
  • Don't forget to have the affidavit notarized if required.
  • Don't submit the form without double-checking for errors.

Common mistakes

  1. Incomplete Information: Many individuals fail to provide all required details. This can include missing names, addresses, or dates. Each section of the form must be filled out thoroughly to ensure clarity.

  2. Incorrect Signatures: Some people forget to sign the affidavit or may not use the proper signature. It is essential that the signature matches the name provided in the document.

  3. Notary Issues: A common error is neglecting to have the affidavit notarized. Without a notary's seal, the document may not be considered valid. Ensure that a notary witnesses the signing.

  4. Failure to Follow Instructions: Each affidavit may come with specific instructions. Ignoring these guidelines can lead to rejection or delays in processing. Always read the instructions carefully before submitting.

  5. Providing Inaccurate Information: Errors in facts or figures can undermine the affidavit's integrity. Double-check all information for accuracy to avoid complications.

Get Scrivener's Affidavit PDF