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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 those involved in property transactions and related matters. This form is typically utilized to clarify discrepancies or errors in legal documents, ensuring that the intent of the parties involved is accurately represented. Often, a scrivener, or someone who prepares legal documents, will fill out this affidavit to affirm that a mistake occurred during the drafting process. The affidavit can address issues such as typographical errors, omissions, or misstatements that could potentially lead to confusion or disputes down the line. By providing a clear and concise account of the intended terms, the Scrivener's Affidavit helps to uphold the integrity of the legal process, allowing for smoother transactions and minimizing the risk of litigation. Understanding its components, purposes, and implications is essential for anyone navigating the complexities of legal documents, making it an indispensable resource in real estate and beyond.

Document Specifics

Fact Name Description
Definition A Scrivener's Affidavit is a legal document used to correct or clarify a previously executed document, typically due to clerical errors.
Purpose This affidavit serves to provide a clear understanding of the intentions of the parties involved in the original document.
Common Uses It is often used in real estate transactions, wills, and contracts to address mistakes or omissions.
State-Specific Forms Some states may have specific forms or requirements for Scrivener's Affidavits. Check local laws for details.
Governing Law In many states, the use of Scrivener's Affidavits is governed by state contract law and property law.
Signature Requirement The affidavit must be signed by the individual who prepared the original document or by a party involved in the transaction.
Notarization Most jurisdictions require the affidavit to be notarized to ensure its authenticity.
Filing Depending on the state, the affidavit may need to be filed with a county clerk or recorded in the public records.
Legal Effect Once executed, the Scrivener's Affidavit can clarify the original document and may be used in legal proceedings if necessary.
Limitations This affidavit cannot change the substantive terms of the original document but only corrects clerical errors.

Similar forms

The Scrivener's Affidavit serves a specific purpose in legal documentation, but several other forms share similarities in their function and intent. Here are four documents that are akin to the Scrivener's Affidavit:

  • Affidavit of Correction: This document is used to correct mistakes in a previously filed document. Like the Scrivener's Affidavit, it is sworn under oath and serves to clarify inaccuracies without altering the original intent of the document.
  • Declaration: A declaration is a written statement made under penalty of perjury. It is similar to a Scrivener's Affidavit in that it provides a factual account, but it may not require a notary public. Both serve to affirm the truth of the statements made.
  • Sample Tax Return Transcript: Essential for verifying income, this document is often required for loan applications or resolving discrepancies with the IRS; for more information, visit https://fillable-forms.com.
  • Notarized Statement: A notarized statement is a document that has been verified by a notary public. This form, like the Scrivener's Affidavit, adds a layer of credibility and legal weight to the assertions made within the document.
  • Certificate of Authenticity: This document certifies that a particular document is genuine. Similar to the Scrivener's Affidavit, it aims to validate the accuracy of information, providing assurance to parties relying on the documentation.

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

 

 

 

________________________

__________________

 

 

 

Understanding Scrivener's Affidavit

What is a Scrivener's Affidavit?

A Scrivener's Affidavit is a legal document used to clarify or correct errors in a previously executed legal document. It is often employed when there are typographical mistakes, misstatements, or ambiguities in the original document that need to be addressed for clarity and accuracy.

When should I use a Scrivener's Affidavit?

You should consider using a Scrivener's Affidavit when you discover errors in a legal document that could affect its interpretation or enforceability. Common scenarios include incorrect names, dates, or other factual inaccuracies that, if left uncorrected, could lead to misunderstandings or disputes in the future.

Who can prepare a Scrivener's Affidavit?

What information is included in a Scrivener's Affidavit?

A Scrivener's Affidavit generally includes the following information: the name of the affiant (the person making the affidavit), a description of the original document, the specific errors that need correction, and the accurate information that should replace the erroneous details. It may also include a statement affirming that the corrections are made in good faith.

Do I need to notarize a Scrivener's Affidavit?

Yes, a Scrivener's Affidavit typically needs to be notarized. Notarization adds a layer of authenticity to the document, confirming that the affiant signed it in the presence of a notary public. This step is important for the affidavit to be considered valid in legal proceedings.

How is a Scrivener's Affidavit filed or submitted?

Can a Scrivener's Affidavit be contested?

Dos and Don'ts

When filling out the Scrivener's Affidavit form, it's important to follow certain guidelines to ensure accuracy and compliance. Here are seven things you should and shouldn't do:

  • Do read the instructions carefully before starting.
  • Do provide accurate and truthful information.
  • Do sign the affidavit in the presence of a notary.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank.
  • Don't use abbreviations or unclear language.
  • Don't submit the form without double-checking for errors.