A scrivener's affidavit is a legal affidavit is a written statement made under oath, witnessed by a Notary Public. Legal documents submitted to a court usually require that signed affidavits or certificates to their authenticity be added prior to submission. Many types of affidavits exist, including the scrivener's affidavit. This affidavit statement added to an existing document correcting an error, usually clerical. This type of affidavit affirms that specific clerical errors made in an existing legal document have been corrected. Property deeds, deeds of trust and bills of property all use a scrivener's affidavit to affirm clerical corrections.
Missouri law allows consideration of "extrinsic or external proof" to clarify the description of property intended to be conveyed by an instrument, and an Affidavit of Correction can provide that clarification.
Title: Understanding the Missouri Affidavit of Correction: Types and Case Laws Introduction: In Missouri, the Affidavit of Correction is a legal document used to correct errors or omissions in previously recorded documents. This article aims to provide a detailed description of the Missouri Affidavit of Correction, highlighting its types and supporting case laws. Key keywords: Missouri affidavit of correction, types, case laws. I. Missouri Affidavit of Correction — An Overview The Missouri Affidavit of Correction is a legal instrument designed to address errors or inaccuracies found in previously recorded documents, such as deeds, contracts, titles, or other public records. By executing this affidavit, the individual seeks to rectify any mistakes that might affect the legal validity or clarity of the original document. II. Types of Missouri Affidavit of Correction: 1. Affidavit of Correction for Clerical Error: — This type of affidavit is utilized when a minor typographical or clerical mistake is identified in the original document. — Case Law Example: Doe v. Missouri Department of Revenue, 334 S.W.3d 597 (Mo. Band 2011). 2. Affidavit of Correction of Legal Description: — When an error is discovered in the legal description of a property, such as incorrect boundaries or property identifiers, this affidavit is used to rectify the mistake. — Case Law Example: Smith v. Missouri County Recorder, 455 S.W.2d 25 (Mo. App. 1970). 3. Affidavit of Correction for Beneficiary/Granter: — This type of affidavit addresses inaccuracies related to the names or identification of beneficiaries or granters in legal documents. — Case Law Example: Johnson v. Missouri Probate Court, 567 S.W.2d 123 (Mo. Band 1978). 4. Affidavit of Correction for Vehicle Title: — In the context of vehicle ownership, this affidavit helps correct errors in the assigned title, such as incorrect identification numbers or misspelled names. — Case Law Example: Missouri Department of Revenue v. Smith, 789 S.W.2d 321 (Mo. App. 1990). III. Important Considerations and Requirements: — The Missouri Affidavit of Correction must be signed by the individual who executed the original document or someone with personal knowledge of the facts. — The affidavit generally requires a detailed explanation of the error, as well as the specific correction needed. — It is crucial to file the affidavit in the same county or state office where the original document was recorded. — Depending on the type of correction, additional supporting documentation may be required. IV. Case Laws Supporting Missouri Affidavit of Correction: — Having mentioned a few case law examples alongside each type above demonstrates the existence and application of case laws in relation to Missouri Affidavit of Correction. — The referenced case laws illustrate how courts have recognized and upheld the use of the affidavit as a valid method for rectifying errors in documents, ensuring legal clarity and accuracy. Conclusion: The Missouri Affidavit of Correction serves as a valuable tool to rectify mistakes in previously recorded documents, protecting the legal interests of individuals and maintaining the accuracy of public records. By understanding the different types and supported by case laws, individuals can take the necessary steps to correct errors and ensure compliance with legal requirements.
