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Scrivener's Affidavit PDF Form

The Scrivener's Affidavit is a legal document used to affirm the accuracy of a written instrument, often prepared by a scrivener or someone who drafts legal documents. This affidavit serves to clarify any discrepancies or errors that may exist in the original document. It plays a crucial role in ensuring the integrity and reliability of legal records.

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Table of Contents

The Scrivener's Affidavit is a vital document often utilized in various legal contexts, particularly in real estate transactions and estate planning. This form serves as a sworn statement by a scrivener, typically a person who prepares legal documents, affirming the accuracy of the information contained within those documents. It plays a crucial role in clarifying discrepancies or errors that may have occurred during the drafting process. By providing a reliable account of the circumstances surrounding the creation of the original documents, the Scrivener's Affidavit helps to uphold the integrity of legal proceedings. Furthermore, it can assist in establishing the intent of the parties involved, thereby reducing potential disputes. Understanding its components and the situations in which it is applicable can empower individuals and professionals alike to navigate the complexities of legal documentation with confidence.

Common mistakes

Incomplete Information: Many people forget to fill out all required sections of the form. Missing information can lead to delays or rejection.
Incorrect Signatures: Some individuals overlook the need for proper signatures. Ensure that all parties involved sign where necessary.
Not Following Instructions: Each form comes with specific instructions. Ignoring these can result in mistakes that complicate the process.
Using Outdated Forms: Using an older version of the Scrivener's Affidavit can cause issues. Always check for the most current version before filling it out.
Failing to Notarize: Some people forget that notarization is often a requirement. A lack of notarization may invalidate the affidavit.
Incorrect Dates: It's easy to make a mistake with dates. Double-check that all dates are accurate and formatted correctly.
Neglecting to Review: Rushing through the form can lead to oversights. Always take the time to review your work before submission.
Not Keeping Copies: Failing to make copies of the completed form can create problems later. Always keep a copy for your records.

Example - 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
________________________	__________________

More About Scrivener's Affidavit

What is a Scrivener's Affidavit?

A Scrivener's Affidavit is a legal document used to correct or clarify information in a previously executed document. This affidavit is typically drafted by a scrivener, or someone who prepares legal documents, and it serves to affirm that the original document contained errors or omissions that need to be rectified. The affidavit provides a formal declaration regarding the intent of the parties involved and the accurate representation of facts.

When is a Scrivener's Affidavit necessary?

A Scrivener's Affidavit is necessary when there are discrepancies in legal documents, such as deeds, contracts, or other agreements. Common situations include typographical errors, incorrect names, or misstatements of facts. If the inaccuracies could lead to confusion or legal disputes, using this affidavit helps to clarify the intended meaning and ensures that all parties have a mutual understanding of the document's contents.

Who can prepare a Scrivener's Affidavit?

Typically, a Scrivener's Affidavit is prepared by a legal professional, such as an attorney or a paralegal, who is knowledgeable about the relevant laws and the specifics of the document in question. However, individuals may also draft their own affidavits, provided they adhere to the necessary legal standards and formats required by the jurisdiction in which the affidavit will be filed.

What information should be included in a Scrivener's Affidavit?

A Scrivener's Affidavit should include the following information: a clear identification of the original document, a description of the specific errors or omissions, a statement affirming the intent of the parties involved, and the correct information that should replace the erroneous details. Additionally, the affidavit must be signed and notarized to validate its authenticity.

Is a Scrivener's Affidavit legally binding?

Yes, a Scrivener's Affidavit is legally binding once it is properly executed. This means it must be signed by the affiant (the person making the affidavit) and notarized. The affidavit can then be filed with the appropriate legal authority, such as a court or a county clerk's office, which gives it official status and makes it enforceable in legal matters.

How does one file a Scrivener's Affidavit?

Filing a Scrivener's Affidavit typically involves submitting the completed document to the appropriate governmental office, such as a court or county recorder's office. The filing process may vary by jurisdiction, so it is important to check local rules and procedures. In some cases, a filing fee may be required, and it is advisable to keep a copy of the filed affidavit for personal records.

Can a Scrivener's Affidavit be contested?

Yes, a Scrivener's Affidavit can be contested if a party believes that the affidavit does not accurately reflect the intent or agreement of the original document. Disputes may arise regarding the correctness of the information provided or the legitimacy of the affidavit itself. In such cases, it may be necessary to seek legal counsel to resolve the issue through negotiation or litigation.

Key takeaways

When dealing with the Scrivener's Affidavit form, several important points should be kept in mind. Understanding these key takeaways can help ensure that the form is completed accurately and used effectively.

Understand the Purpose: The Scrivener's Affidavit serves to clarify or correct discrepancies in legal documents. It often accompanies a document that requires additional explanation.
Gather Necessary Information: Before filling out the form, collect all relevant details about the document in question. This includes dates, names, and any specific errors that need addressing.
Complete the Form Accurately: Fill out the Scrivener's Affidavit with precise information. Mistakes can lead to further complications or delays in legal proceedings.
Sign and Notarize: After completing the affidavit, it must be signed and notarized. This step adds credibility and ensures the document is legally binding.
File with Appropriate Court: Submit the affidavit to the correct court or agency as required. Ensure that it is filed alongside the original document it seeks to amend or clarify.

By keeping these takeaways in mind, individuals can navigate the process of using the Scrivener's Affidavit form more effectively.

Form Attributes

Fact Name	Details
Purpose	A Scrivener's Affidavit is used to clarify or correct errors in legal documents, ensuring that the intent of the parties is accurately reflected.
Common Usage	This form is often utilized in real estate transactions, particularly when there are discrepancies in property descriptions or titles.
Governing Law	In many states, the use of a Scrivener's Affidavit is governed by local real estate laws and regulations, which may vary significantly from one state to another.
Notarization Requirement	Typically, a Scrivener's Affidavit must be notarized to be considered valid, providing an extra layer of authenticity to the document.

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Dos and Don'ts

When completing the Scrivener's Affidavit form, attention to detail is crucial. Here are some important guidelines to consider:

Do: Read the instructions carefully before starting. Understanding the requirements can prevent mistakes.
Do: Use clear and legible handwriting or type your responses. Clarity ensures that your information is easily understood.
Do: Double-check all entries for accuracy. Errors can lead to delays or complications in processing.
Do: Sign and date the affidavit where indicated. Your signature is essential for the document's validity.
Don't: Leave any required fields blank. Incomplete forms may be rejected or returned for corrections.
Don't: Use abbreviations or shorthand unless specified. Full words enhance clarity and professionalism.
Don't: Submit the form without reviewing it one last time. A final check can catch any overlooked mistakes.