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May 16, 2024 · A scrivener’s affidavit, sometimes referred to as an affidavit of correction or affidavit of error, is used to correct those errors. The alternative would be to re-execute the document, which is often not possible once it has been recorded. The affidavit is often recorded with the document it corrects in order to put the public on notice of ...
Aug 31, 2024 · Compared to Corrective Deeds, Scrivener’s Affidavits are of limited use. Because a Corrective Deed is signed by the original transferor or transferors and includes all of the information on a single document, a Corrective Deed provides more certainty than a Scrivener’s Affidavit. Scrivener’s Affidavits should only be used when no change ...
- If the erroneous deed has not been signed or recorded, the mistake is easy to correct. You only need to correct the deed before it is signed and re...
- A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfe...
- Scrivener’s Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener’s Affidavit doesn’t correct any...
- Note that Corrective Deeds and Scrivener’s Affidavits are used to correct problems that occurred when the original deed was prepared and recorded....
A typo in a name or minor mistake in the legal description of the property is the type of problem that usually can be handled with a scrivener's affidavit. The affidavit is a sworn statement that describes the mistake in the deed and clarifies what the accurate information is. The affidavit must include proper indexing to the original deed and ...
Aug 19, 2020 · Corrective Instruments. This month I wanted to focus on the different options available to “correct” errors in Deeds. I will be focusing on three options: (1) The Scrivener’s Affidavit pursuant to NCGS § 47-36.1, (2) the new Curative Affidavit for Legal Descriptions pursuant to NCGS § 47-36.2, and (3) Correction Deeds.
Sep 7, 2024 · A Scrivener’s Affidavit, in legal parlance, stands as a sworn statement by the individual who drafted a document – the scrivener. This individual extends the affidavit to rectify misstatements or typographical errors spotted in a legal document post its execution. By filing a Scrivener’s Affidavit, the scrivener attests that certain ...
Feb 12, 2019 · The attorney responsible for preparing the deed signs an affidavit stating that the property was intended to be described as in the affidavit. This is commonly called a Scrivener Affidavit. Where permitted by law, the already-recorded deed does not need replacement with a new deed. It can instead be accompanied by a Scrivener Affidavit.
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Aug 16, 2015 · When to Use a Scrivener’s Affidavit. Such an affidavit may only be employed if the mistake in question bears no effect over the vesting of the title. Examples of such situations include erroneous or invalid transference of lands which never belonged to the grantor as well as spelling errors and other typos within the legal description.
