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Content Overview

Guide to Writing Scrivener's Affidavit

Completing the Scrivener's Affidavit form is an important step in your legal process. After filling out this form, you will need to file it with the appropriate court or agency. Make sure you have all necessary information and documents ready before you begin.

  1. Gather all required information, including the names of the parties involved and any relevant case numbers.
  2. Obtain the Scrivener's Affidavit form from your attorney or the appropriate court's website.
  3. Start filling in your personal information at the top of the form. This usually includes your name, address, and contact information.
  4. Provide details about the case, such as the case number and the names of the parties involved.
  5. Fill in the section that outlines the facts or circumstances related to the affidavit. Be clear and concise.
  6. Sign the affidavit in the designated area. Ensure that your signature is clear and legible.
  7. Have your signature notarized. This may require you to visit a notary public with a valid ID.
  8. Make copies of the completed and notarized affidavit for your records.
  9. File the original affidavit with the appropriate court or agency, following their specific filing procedures.

Document Breakdown

Fact Name Details
Definition A Scrivener's Affidavit is a sworn statement used to correct or clarify a document that may contain errors or ambiguities.
Purpose This form is typically utilized to affirm the intent of the parties involved in a legal document, ensuring clarity and accuracy.
Governing Law In many states, the use of Scrivener's Affidavit is governed by state-specific laws, such as the Uniform Commercial Code (UCC) or local civil procedure rules.
Common Uses It is often used in real estate transactions, wills, and contracts to address typographical errors or misstatements.
Notarization The affidavit typically requires notarization to verify the identity of the signer and the authenticity of the document.
State Variations Different states may have variations in the format or requirements for a Scrivener's Affidavit; it’s important to check local regulations.

FAQ

What is a Scrivener's Affidavit?

A Scrivener's Affidavit is a legal document used to correct or clarify errors in a previously executed legal document, such as a deed or contract. The affidavit serves as a sworn statement by a notary or other authorized individual, affirming the intent of the parties involved and detailing the specific errors that need correction.

When should I use a Scrivener's Affidavit?

You should consider using a Scrivener's Affidavit when you discover mistakes in a legal document that could affect its enforceability or interpretation. Common errors include typographical mistakes, incorrect names, or misdescriptions of property. Using this affidavit can help ensure that the original intent of the parties is preserved and that the document accurately reflects that intent.

Who can prepare a Scrivener's Affidavit?

Typically, a Scrivener's Affidavit can be prepared by any party involved in the original document or their legal representatives. However, it is advisable to consult with a legal professional to ensure that the affidavit is drafted correctly and meets all legal requirements.

What information should be included in a Scrivener's Affidavit?

A well-prepared Scrivener's Affidavit should include the following information:

  • The names and addresses of the parties involved in the original document.
  • A description of the original document, including its date and purpose.
  • A detailed account of the errors that need correction.
  • The intent of the parties as it was originally understood.
  • The signature of the affiant and a notary public.

Is a Scrivener's Affidavit legally binding?

Yes, a Scrivener's Affidavit is legally binding once it is properly executed and notarized. It serves to clarify the original intent of the parties and correct any errors, thereby reinforcing the validity of the original document. However, it is important to ensure that the affidavit complies with local laws and regulations.

How do I file a Scrivener's Affidavit?

The filing process for a Scrivener's Affidavit may vary depending on your jurisdiction. Generally, you should follow these steps:

  1. Prepare the affidavit, ensuring all required information is included.
  2. Have the affidavit signed in the presence of a notary public.
  3. File the affidavit with the appropriate government office, such as the county clerk or recorder's office.
  4. Keep a copy of the filed affidavit for your records.

Can a Scrivener's Affidavit be contested?

While a Scrivener's Affidavit is generally accepted as a means of correcting errors, it can be contested. If a party believes that the affidavit misrepresents the original intent or contains inaccuracies, they may challenge its validity in court. It is advisable to ensure that the affidavit is accurate and comprehensive to minimize the risk of contestation.

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Scrivener's Affidavit Example

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

 

 

 

________________________

__________________