Content Overview
File Details
| Fact Name | Details |
|---|---|
| Definition | A Scrivener's Affidavit is a legal document used to correct or clarify errors in a previously recorded document, often related to real estate transactions. |
| Purpose | The primary purpose of this affidavit is to provide a sworn statement that explains discrepancies or mistakes, ensuring clarity and accuracy in public records. |
| State-Specific Forms | Each state may have its own version of the Scrivener's Affidavit, governed by local laws. For example, in California, it is governed by California Civil Code Section 1180. |
| Who Prepares It | Typically, the affidavit is prepared by the original scrivener or the person responsible for the initial document, such as a notary or an attorney. |
| Filing Process | After completion, the affidavit must be signed in front of a notary public and then filed with the appropriate county recorder’s office. |
| Importance of Accuracy | Accuracy is crucial when filling out a Scrivener's Affidavit, as any mistakes can lead to further complications in property ownership or title disputes. |
Sample - Scrivener's Affidavit Form
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
________________________________________________, 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
_____________________________________________________________________________________________
____________________________________________________________________________________________.
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
that the
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 |
|
|
|
________________________ |
__________________ |
|
|
|
Common mistakes
Filling out a Scrivener's Affidavit form can seem straightforward, but many individuals make common mistakes that can lead to complications. One frequent error is not providing complete information. When details are missing, it can create confusion or even invalidate the affidavit. Every section of the form is important and should be filled out thoroughly to ensure clarity and compliance.
Another mistake is failing to sign the affidavit in the appropriate location. Signatures are crucial as they authenticate the document. If a signature is missing or placed incorrectly, the affidavit may not hold legal weight. Always double-check that the signature is present and in the designated area before submitting the form.
People often neglect to have their affidavit notarized. A notary public serves as an official witness to the signing of the document, adding an extra layer of credibility. Without this notarization, the affidavit may not be accepted by courts or other institutions that require it. It is vital to ensure that this step is not overlooked.
Inaccurate dates can also pose a problem. Some individuals mistakenly enter the wrong date or fail to date the affidavit altogether. This can lead to questions about the timeline of events or the validity of the document. Always verify that the date is correct and clearly indicated to avoid any misunderstandings.
Another common oversight is using unclear or ambiguous language. The purpose of the affidavit is to convey specific information clearly. If the language is vague or open to interpretation, it can lead to disputes or challenges. Strive for clarity and precision in every statement made within the affidavit.
Lastly, individuals sometimes forget to review the entire document before submission. Errors can easily go unnoticed, and a simple review can catch mistakes that might otherwise complicate matters. Taking the time to carefully read through the affidavit can save significant headaches later on.
Common PDF Documents
Affidavit of Custody - It must be signed in the presence of a notary public and witnesses.
When preparing for a real estate transaction, having access to the right resources is crucial. You can find the Texas Real Estate Purchase Agreement form and other related documents on PDF Documents Hub, which simplifies the process and ensures that you adhere to legal requirements.
Print Payroll Check - This form simplifies the process of issuing paycheck corrections.