Delaware Scrivener's Error Corrective Affidavit is a legal document used to rectify clerical errors in a deed. A Scrivener's Error refers to a mistake made by a typist or clerk during the drafting of a legal document, such as a deed, resulting in incorrect information being recorded. The purpose of the Corrective Affidavit is to correct these errors and ensure the accurate representation of property information. The Delaware Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed serves as a declaration or statement made by the individual who made the initial error, acknowledging the mistake and providing the correct information. It is a critical tool to maintain the validity and integrity of property ownership records. The Corrective Affidavit includes various essential details, such as the names of the parties involved, the nature of the error, the affected document (deed), a detailed description of the incorrect information, and the accurate information that should be recorded instead. It may also require a notary or witness to sign the document to give it legal weight. The completion of this affidavit requires careful attention to detail and adherence to the laws and regulations of Delaware. There are several types of Delaware Scrivener's Error Corrective Affidavits classified based on the type of clerical error involved: 1. Incorrect Spelling or Typographical Error: This type of affidavit is used to correct misspelled names, addresses, or other related information in the deed. It can be corrected by providing the correct spelling or accurate information with supporting documentation that verifies the correction. 2. Incorrect Lot or Property Description: If the legal description of the property in the deed is inaccurate, this affidavit can be used to correct it. The correct description, including lot numbers, metes and bounds, or other relevant details, must be provided along with any supporting documents. 3. Incorrect Legal Description Reference: In some cases, the error may lie in referencing the incorrect legal description. This type of Corrective Affidavit is utilized to rectify the inclusion or exclusion of specific property details, boundary lines, or other legally significant details in the deed. 4. Incorrect Recording or Filing Information: This type of affidavit is employed when there is an error in the recording or filing information stated in the deed. It can pertain to the recording date, book and page number, or other filing specifics. The Corrective Affidavit corrects such errors by providing the accurate recording or filing information. The Delaware Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed is a crucial legal instrument to ensure accuracy and rectify mistakes in property documentation. It helps maintain the integrity of land records while adding transparency and validity to property transactions in Delaware.
Delaware Affidavit Of Correction
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How to fill out Delaware Scrivener's Error Corrective Affidavit To Correct Clerical Error In Deed?
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FAQ
Scrivener's Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener's Affidavit doesn't correct anything. Instead, it simply adds information to the property records to help clarify something about the prior deed.
How Do I Fill Out a Scrivener's Error Affidavit? The date the clerk recorded the document. The names of all people that signed the original document. The name of the person who prepared the original document and their job title.
The statute contemplates three types of scrivener's errors: (1) An error or omission in no more than one of the lot or block identifications of a recorded platted lot; (2) An error or omission in no more than one of the unit, building, or phase identifications of a condominium or cooperative unit; or.
First, if the scrivener's error is apparent on the face of the policy, a court may correct that error by applying the general rules of contract interpretation. Second, if a scrivener's error is not apparent on the face of the policy, a court may reform the contract to correct the error if the error is a mutual mistake.
A Scrivener's Affidavit is a sworn statement written and signed by the person who originally created the deed in question. The Affidavit doesn't correct anything; rather, it adds information to the recorded deed and property information to amend, address, or clarify information on the original deed.
A correction deed, also known as a confirmatory or corrective deed, is a legal document used to fix errors on a property title that is recorded. Property owners can use this special type of deed to amend common errors such as misspellings, incomplete names, and other missing information.
In order to correct an error on a California deed, you will need to revise or modify the language in the deed to remove the error. If your deed has been signed and recorded, you will need to complete a Correction Deed or a Scrivener's Affidavit to correct the error.
A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.