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Fill Your Scrivener's Affidavit Form

The Scrivener's Affidavit is a legal document used to affirm the accuracy of a written instrument or to clarify discrepancies in documents. This form serves as a valuable tool for individuals or entities seeking to validate the intent behind a document or to correct minor errors. Understanding how to properly complete and utilize this affidavit can help ensure that your legal documents are both accurate and effective.

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The Scrivener's Affidavit form plays a crucial role in various legal and real estate transactions, serving as a tool to clarify and confirm the intentions of the parties involved. This document is typically used when there are discrepancies or errors in legal descriptions, ensuring that the true intent of the parties is accurately reflected. By providing a sworn statement from the scrivener, or the individual who prepared the document, the affidavit helps to rectify any misunderstandings that may arise from poorly drafted documents. It is essential for maintaining the integrity of property records and can be a vital component in resolving disputes. Understanding how to properly complete and utilize this form can save time and prevent complications in the future. Whether you are a buyer, seller, or involved in a legal matter, knowing the ins and outs of the Scrivener's Affidavit can empower you to navigate the process with confidence.

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Common Questions

What is a Scrivener's Affidavit?

A Scrivener's Affidavit is a legal document used to correct or clarify a mistake in a previously executed document. This affidavit is typically prepared by a scrivener, or a person who writes or transcribes documents, to affirm that an error was made and to provide the correct information. It serves to ensure that the intent of the parties involved is accurately reflected in the official records.

When should I use a Scrivener's Affidavit?

You should consider using a Scrivener's Affidavit when you identify errors in legal documents, such as deeds, contracts, or other agreements. Common mistakes include typographical errors, incorrect names, or wrong dates. By filing this affidavit, you can rectify these issues without needing to create an entirely new document, saving time and resources.

Who can prepare a Scrivener's Affidavit?

How do I file a Scrivener's Affidavit?

Is a Scrivener's Affidavit legally binding?

Preview - Scrivener's Affidavit Form

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
________________________	__________________

Similar forms

Affidavit: Similar to the Scrivener's Affidavit, this document is a written statement confirmed by oath or affirmation, often used to present evidence in court.
Declaration: Like the Scrivener's Affidavit, a declaration is a formal statement made under penalty of perjury, but it does not require notarization.
Notarized Statement: This document, much like the Scrivener's Affidavit, is verified by a notary public, ensuring the identity of the signer and the authenticity of the statement.
Certificate of Service: This document serves to prove that legal documents were delivered to the appropriate parties, similar to how the Scrivener's Affidavit confirms the accuracy of a document's preparation.
Ohio Operating Agreement - The Ohio Operating Agreement form is crucial for LLCs in Ohio, detailing management and operational procedures among members. For more information, visit Ohio PDF Forms.
Power of Attorney: Although different in purpose, both documents authorize someone to act on behalf of another. The Scrivener's Affidavit may support actions taken under a Power of Attorney.
Warranty Deed: This document, like the Scrivener's Affidavit, conveys property ownership and includes assurances regarding the title, ensuring clarity in legal transactions.

Misconceptions

The Scrivener's Affidavit is often misunderstood, leading to confusion about its purpose and usage. Here are seven common misconceptions about this important legal document:

It is only for real estate transactions.
Many believe that a Scrivener's Affidavit is exclusively used in real estate deals. In reality, it can serve various purposes, including correcting errors in documents across different legal contexts.
Anyone can create a Scrivener's Affidavit.
While it may seem simple, creating a valid Scrivener's Affidavit requires a clear understanding of legal principles. It's best to consult with a professional to ensure accuracy and compliance.
It is a legally binding contract.
This form is not a contract but rather a statement of facts. It affirms the truth of certain information and clarifies misunderstandings in existing documents.
It can replace other legal documents.
A Scrivener's Affidavit cannot substitute for other necessary legal documents. Instead, it complements them by addressing specific errors or omissions.
It only needs to be signed by one party.
Depending on the situation, multiple parties may need to sign the affidavit to validate the information presented. This ensures all involved parties agree on the corrections.
It is not necessary if the error is minor.
Even minor errors can lead to significant complications. A Scrivener's Affidavit provides clarity and can prevent misunderstandings in the future.
Once filed, it cannot be changed.
While a Scrivener's Affidavit is intended to correct errors, if new mistakes arise, it can be amended. However, proper procedures must be followed to maintain its validity.

Understanding these misconceptions can help you navigate the complexities of the Scrivener's Affidavit more effectively. Always seek professional guidance when dealing with legal documents to ensure your rights and interests are protected.

File Attributes

Fact Name	Description
Definition	A Scrivener's Affidavit is a legal document used to correct or clarify errors in a previously executed document, often related to property transactions.
Purpose	This affidavit serves to affirm the intent of the parties involved, ensuring that the original document reflects their true agreement.
Governing Law	In many states, the use of a Scrivener's Affidavit is governed by state property laws and rules regarding the correction of legal documents. For example, in California, it falls under California Civil Code Section 1180.
Requirements	Typically, the affidavit must be signed by the individual who prepared the original document and may require notarization to be valid.