A Scrivener Affidavit is utilized when a clerical, typographical, or minor error is discovered in an already-recorded legal document. This document type is particularly common in real estate transactions where precise accuracy is crucial. The affidavit must identify the original document, describe the error in detail, and provide the correct information. It serves as an official record of the correction without requiring the creation and execution of an entirely new document. In the United States, these affidavits must comply with state-specific requirements and are typically recorded alongside the original document in county records.
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1. Title and Introduction: Identifies document as Scrivener Affidavit and state of execution
2. Affiant Information: Name and capacity of person making the affidavit
3. Original Document Information: Details of the document containing the error (date, parties, recording information)
4. Error Description: Specific description of the error and how it occurred
5. Correction Statement: Clear statement of the correct information
6. Verification: Sworn statement of truth and accuracy
7. Notarization Block: Space for notary acknowledgment
1. Supporting Documentation Reference: References to attached evidence supporting the correction when additional documentation exists to support the correction
2. Consent Statement: Statement of consent from affected parties when other parties' interests are substantially affected by the correction
3. Legal Authority Citation: Reference to relevant statutes or case law when specific legal authority supports the correction
1. Exhibit A - Original Document Copy: Copy of the original document containing the error
2. Exhibit B - Supporting Documentation: Any relevant supporting documents proving the error
3. Exhibit C - Consent Forms: Signed consent forms from affected parties, if applicable
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