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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

 

 

 

________________________

__________________

 

 

 

Documents used along the form

The Scrivener's Affidavit is often used in conjunction with various other legal forms and documents. Each of these documents serves a specific purpose and helps to clarify or support the information presented in the affidavit. Below is a list of commonly used forms that may accompany the Scrivener's Affidavit.

  • Affidavit of Identity: This document verifies the identity of the individual signing the affidavit. It often includes personal information such as name, address, and date of birth.
  • Power of Attorney: A legal document that grants one person the authority to act on behalf of another in legal matters. This is often used if the person signing the affidavit cannot be present.
  • Durable Power of Attorney: This essential document allows an individual to appoint another person to make crucial decisions on their behalf, particularly concerning finances and healthcare. For more detailed information, you can visit the Durable Power of Attorney page.
  • Certificate of Service: This form confirms that copies of the affidavit and other related documents have been properly delivered to all parties involved.
  • Declaration of Facts: This document outlines specific facts that support the claims made in the affidavit. It may include details that require further explanation.
  • Notarized Statement: A statement that has been signed in the presence of a notary public. This adds an extra layer of authenticity to the affidavit.
  • Exhibit List: A list of documents or evidence that will be referenced in the affidavit. This helps to organize supporting materials.
  • Witness Affidavit: A statement from a witness who can corroborate the information provided in the Scrivener's Affidavit. This adds credibility to the claims made.
  • Notice of Filing: A document that informs relevant parties that the affidavit has been filed with the court or appropriate authority.
  • Request for Hearing: If a hearing is necessary, this form requests that the court schedule a hearing regarding the matters addressed in the affidavit.
  • Response to Affidavit: A document that allows other parties to respond to the claims made in the affidavit. This is important for ensuring all viewpoints are considered.

These forms and documents can help clarify the intentions behind the Scrivener's Affidavit and ensure that all legal requirements are met. Using them appropriately can enhance the effectiveness of the affidavit in legal proceedings.

Similar forms

The Scrivener's Affidavit is a legal document that serves to correct or clarify errors in other legal documents. It shares similarities with several other documents used in legal proceedings. Here are seven documents that are similar to the Scrivener's Affidavit:

  • Affidavit of Correction: This document is used to correct mistakes in official records, similar to how a Scrivener's Affidavit clarifies errors in legal documents.
  • Cease and Desist Letter: If you need to formally demand an end to unlawful behavior, consider using our customized cease and desist letter solutions to ensure your rights are protected.
  • Declaration: A declaration is a written statement that is made under penalty of perjury. Like a Scrivener's Affidavit, it provides factual information and can be used to support a claim or correct information.
  • Notarized Statement: This is a document that has been signed in front of a notary public. Both documents serve as formal affirmations of truth and accuracy.
  • Certificate of Correction: This document is filed to amend a previously recorded document. Similar to a Scrivener's Affidavit, it addresses errors in public records.
  • Errata Sheet: An errata sheet lists corrections to a published document. Like a Scrivener's Affidavit, it serves to clarify inaccuracies.
  • Statement of Facts: This is a document outlining specific facts relevant to a case. Both documents aim to present clear and accurate information to support legal matters.
  • Power of Attorney: While primarily granting authority, a power of attorney can also clarify intentions and correct misunderstandings, similar to the role of a Scrivener's Affidavit in addressing errors.

Misconceptions

The Scrivener's Affidavit form is often misunderstood. Here are six common misconceptions about it, along with clarifications.

  1. The Scrivener's Affidavit is only for lawyers.

    This is not true. While lawyers often use this form, anyone who has prepared a legal document can use it to affirm the accuracy of their work.

  2. It is a legally binding contract.

    The Scrivener's Affidavit itself is not a contract. Instead, it serves as a sworn statement about the accuracy of a document, which can support legal proceedings.

  3. It can only be used in certain states.

    This form is recognized in many jurisdictions across the United States. However, specific requirements may vary by state, so it’s important to check local laws.

  4. Filing a Scrivener's Affidavit guarantees success in court.

    While it can strengthen a case by providing clear evidence of document preparation, it does not ensure a favorable outcome. Courts consider many factors when making decisions.

  5. It must be notarized to be valid.

    Notarization is often recommended, but not always required. The validity may depend on the specific circumstances and local laws.

  6. It is only for correcting minor errors.

    The Scrivener's Affidavit can address both minor and significant errors in legal documents. Its purpose is to clarify and affirm the intent of the original document.

Understanding Scrivener's Affidavit

  1. What is a Scrivener's Affidavit?

    A Scrivener's Affidavit is a legal document used to correct or clarify a mistake in a previously recorded document. This could involve errors in names, dates, or other important details. The affidavit serves to confirm that the original document was intended to reflect certain information, and it helps to ensure that the public record accurately reflects the parties' intentions.

  2. When should I use a Scrivener's Affidavit?

    You should consider using a Scrivener's Affidavit when you discover an error in a legal document that has already been filed. For instance, if a name is misspelled or a date is incorrect, this form can help rectify those issues. It is important to address these mistakes promptly to avoid complications in future legal matters.

  3. Who can complete a Scrivener's Affidavit?

    Typically, a Scrivener's Affidavit can be completed by the individual who prepared the original document or by someone who is familiar with the details of the case. This may include attorneys, paralegals, or other legal professionals. However, the person signing the affidavit must have firsthand knowledge of the mistake and the intended information.

  4. How do I file a Scrivener's Affidavit?

    To file a Scrivener's Affidavit, you will first need to complete the form, ensuring that all necessary information is included. After signing the affidavit, it must be notarized. Once notarized, you can file it with the appropriate court or recording office where the original document is held. Be sure to check with local rules, as procedures may vary by jurisdiction.