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The Scrivener's Affidavit form plays a crucial role in various legal processes, serving as a tool to clarify and validate documents. This form is often utilized when there are discrepancies or errors in legal documents, ensuring that the true intent of the parties involved is accurately represented. By providing a sworn statement, the Scrivener's Affidavit helps to rectify mistakes, whether they arise from typographical errors or misinterpretations. It typically includes details about the original document, the nature of the error, and the correction being made. This form is essential for maintaining the integrity of legal records and can be pivotal in court proceedings or during the execution of contracts. Understanding its components and purpose is vital for anyone navigating the complexities of legal documentation.
Document Data
| Fact Name | Description |
|---|---|
| Definition | A Scrivener's Affidavit is a document used to clarify or correct errors in legal documents, often related to real estate transactions. |
| Purpose | This affidavit serves to affirm that the information contained in a document is accurate and that any discrepancies are unintentional. |
| Common Use | It is frequently used in property deeds, mortgages, and other legal documents where clerical errors may occur. |
| Governing Law | The use of a Scrivener's Affidavit is governed by state laws, which may vary. For example, in California, it falls under California Civil Code Section 1180. |
| 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 ensure its authenticity and to validate the signatures. |
How to Write Scrivener's Affidavit
Completing the Scrivener's Affidavit form is a straightforward process that requires attention to detail. Once you have filled out the form, it will need to be submitted to the appropriate authority along with any required documentation. Ensure that all information is accurate to avoid delays in processing.
- Begin by gathering all necessary information. This may include personal identification details, relevant case numbers, and any supporting documents.
- Obtain a copy of the Scrivener's Affidavit form. This can typically be found online or at your local courthouse.
- Fill in your name and contact information at the top of the form. Be sure to write legibly.
- Provide the date on which you are completing the affidavit. This is usually located in a designated space on the form.
- In the next section, describe the circumstances or facts that the affidavit is addressing. Be clear and concise in your explanation.
- Sign the affidavit in the designated area. Ensure your signature matches the name you provided earlier.
- Have the affidavit notarized. This step is crucial, as it adds a layer of authenticity to your document.
- Make copies of the completed and notarized affidavit for your records before submitting it.
- Submit the affidavit to the appropriate office or authority as indicated in the instructions. Be mindful of any deadlines.
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
________________________________________________, 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
_____________________________________________________________________________________________
____________________________________________________________________________________________.
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
that the
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 |
|
|
|
________________________ |
__________________ |
|
|
|
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