The Scrivener's Affidavit is a legal document used to clarify and correct errors in written instruments, often related to property transactions. This form serves as a sworn statement by a scrivener, or a person who prepares legal documents, affirming the intended meaning of the original document. Understanding its purpose and proper usage is essential for ensuring accuracy in legal matters.
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The Scrivener's Affidavit is an essential document often utilized in real estate transactions and other legal contexts to clarify the intentions of the parties involved and to rectify any discrepancies in legal documents. This form serves as a sworn statement, typically prepared by a scrivener—someone who writes or transcribes legal documents—confirming the accuracy of a particular document or set of documents. It can address issues such as typographical errors, misstatements, or omissions that may have occurred during the drafting process. By providing a clear and concise account of the intended meaning behind the original documents, the Scrivener's Affidavit helps to eliminate confusion and ensures that all parties have a mutual understanding of the terms. Additionally, it often includes details about the context in which the affidavit is created, along with the signatures of the involved parties, thereby lending credibility and legal weight to the assertions made within. Understanding the nuances of this form can greatly assist individuals and professionals in navigating complex legal landscapes, ensuring that their rights and intentions are accurately represented and upheld.
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Filling out and using the Scrivener's Affidavit form can seem daunting, but understanding its key elements can simplify the process. Here are some important takeaways to keep in mind:
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
________________________
__________________