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Fill Out a Valid 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 serves as a sworn statement by a scrivener, affirming that the document reflects the true intentions of the parties involved. Understanding how to properly complete this form can help ensure that legal documents accurately represent the facts, making it essential for anyone involved in real estate or contractual agreements.

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Table of Contents

Form Overview

Fact Name	Description
Purpose	The Scrivener's Affidavit is used to correct or clarify a document that may contain errors or omissions.
Governing Law	In many states, the use of a Scrivener's Affidavit is governed by state statutes related to notarial acts and document correction.
Common Use	This form is often utilized in real estate transactions to amend property deeds or titles.
Signature Requirement	The affidavit must be signed by the individual who prepared the original document, affirming the corrections made.
Notarization	A Scrivener's Affidavit typically requires notarization to be legally binding.

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Documents used along the form

A Scrivener's Affidavit is a document that helps clarify or correct errors in other legal documents. It often accompanies various forms and documents that support or provide context to the claims made in the affidavit. Below are some commonly used documents that may be associated with a Scrivener's Affidavit.

Affidavit of Correction: This document is used to formally correct mistakes in a previously filed legal document. It serves to clarify the intent of the original document.
Power of Attorney: A Power of Attorney grants someone the authority to act on another person's behalf. This document may be necessary if the person who created the original document is unable to sign a correction.
Certificate of Service: This document provides proof that the Scrivener's Affidavit and any related documents have been properly delivered to all parties involved. It ensures that everyone is informed of the changes.
Notarized Statement: A notarized statement is a document that has been signed in the presence of a notary public. This adds an extra layer of authenticity to the Scrivener's Affidavit.
Original Document: The original document that contains the errors needing correction should always be referenced. It serves as the basis for the claims made in the Scrivener's Affidavit.
Exhibit A: This is often an attachment that provides additional information or evidence related to the claims in the Scrivener's Affidavit. It can help clarify the context of the errors being corrected.

Using these documents in conjunction with a Scrivener's Affidavit can help ensure that all necessary information is presented clearly and accurately. This can be crucial for legal proceedings, as clarity helps prevent misunderstandings and disputes.

Document 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
________________________	__________________