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Blank Scrivener's Affidavit Form

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The Scrivener's Affidavit form plays a crucial role in the realm of legal documentation, serving as a vital tool for individuals and professionals alike. This form is typically utilized to clarify discrepancies or errors in legal documents, ensuring that the intent of the parties involved is accurately represented. By providing a sworn statement from a scrivener or an individual who prepared the document, it helps to rectify misunderstandings that may arise due to typographical mistakes or omissions. The affidavit must include specific details, such as the nature of the error and the correct information, to be effective. In many cases, this form is essential for maintaining the integrity of legal records and can be pivotal in court proceedings. Understanding how to properly complete and file a Scrivener's Affidavit is imperative for anyone involved in legal transactions, as it can prevent costly disputes and ensure that all parties are on the same page.

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Dos and Don'ts

When filling out the Scrivener's Affidavit form, there are several important dos and don'ts to keep in mind. Following these guidelines can help ensure that your affidavit is completed correctly and effectively.

  • Do read the instructions carefully before starting.
  • Do provide accurate and truthful information.
  • Do use clear and concise language.
  • Do sign the affidavit in the presence of a notary public.
  • Do keep a copy of the completed affidavit for your records.
  • Don't leave any sections blank unless instructed.
  • Don't use legal jargon or complex terms that might confuse readers.
  • Don't rush through the process; take your time to ensure accuracy.
  • Don't forget to date the affidavit when signing.

Scrivener's Affidavit 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

 

 

 

________________________

__________________

 

 

 

Listed Questions and Answers

  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 executed document, often related to real estate transactions. It serves to affirm the intent of the parties involved and ensures that the official record accurately reflects what was originally intended.

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

    This affidavit is typically used when there are clerical errors, such as typos, incorrect dates, or misidentified parties in a legal document. If you notice that a document does not accurately represent the agreement reached by the parties, a Scrivener's Affidavit can be an effective tool to rectify those errors.

  3. Who can prepare a Scrivener's Affidavit?

    Generally, any party involved in the original document can prepare a Scrivener's Affidavit. However, it is often advisable to consult with a legal professional to ensure that the affidavit is properly drafted and meets all legal requirements. A notary public may also be involved to witness the signing of the affidavit.

  4. What information is typically included in a Scrivener's Affidavit?

    A Scrivener's Affidavit usually includes:

    • The names of the parties involved
    • A description of the document being corrected
    • The specific errors being addressed
    • A statement affirming the original intent of the parties
    • The date and signatures of the parties involved
  5. Is a Scrivener's Affidavit legally binding?

    Yes, once properly executed and notarized, a Scrivener's Affidavit is legally binding. It serves to clarify the intentions of the parties and can be used as evidence in court if disputes arise in the future regarding the original document.

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

    The filing process can vary by jurisdiction. Typically, you will need to submit the affidavit to the appropriate county clerk or recorder's office where the original document was filed. It's important to check local regulations to ensure compliance with filing requirements.

  7. Can a Scrivener's Affidavit be contested?

    While a Scrivener's Affidavit aims to clarify intent and correct errors, it can be contested if one of the parties disagrees with the corrections made. In such cases, it may be necessary to seek legal advice or resolve the matter through mediation or court intervention.

Form Overview

Fact Name Description
Definition A Scrivener's Affidavit is a legal document used to correct or clarify a mistake in a previously executed document.
Purpose This affidavit serves to affirm the intent of the parties involved and to ensure that the public record accurately reflects that intent.
Governing Law The use of a Scrivener's Affidavit is governed by state laws, including the Uniform Commercial Code in many jurisdictions.
Common Uses It is commonly used in real estate transactions to correct errors in deeds, mortgages, or other property-related documents.
Signature Requirement The affidavit must be signed by the individual who prepared the original document, often referred to as the scrivener.
Notarization Most states require that the Scrivener's Affidavit be notarized to validate the signatures and the contents of the document.