A Florida Scrivener's Error Corrective Affidavit is a legal document used in the state of Florida to address and rectify any clerical errors found within a deed. This affidavit is specifically designed to correct minor errors or mistakes that were made during the drafting or recording process of a deed, which may have unintentionally altered the intentions or details outlined in the deed. The purpose of a Florida Scrivener's Error Corrective Affidavit is to provide a legal way to clarify and correct any incorrect information contained within a deed without going through the formal process of executing a new deed. This allows the parties involved to rectify the mistake quickly and efficiently, saving time and resources. Some common types of clerical errors that may necessitate the use of a Florida Scrivener's Error Corrective Affidavit include misspelled names, incorrect property descriptions, errors in legal or technical terminologies, or omitted provisions. These errors might have occurred due to typographical errors, oversight, or misconstruction during the drafting, typing, or recording process. When preparing a Florida Scrivener's Error Corrective Affidavit, it is essential to provide specific details regarding the error to be corrected. This includes clearly identifying the parties involved, providing accurate details of the incorrect information, and stating the correct version of the information. In addition to the general Florida Scrivener's Error Corrective Affidavit, there may be variations or subcategories depending on the nature of the error. These can include: 1. Florida Scrivener's Error Corrective Affidavit for Name Correction: This type of affidavit is used when the error pertains to misspelled or incorrectly stated names of the parties involved. It allows for the correction of the name to ensure accuracy in legal documents. 2. Florida Scrivener's Error Corrective Affidavit for Property Description Correction: This affidavit is employed when errors in the property description, such as incorrect dimensions or boundaries, need to be rectified. It ensures the accurate representation and identification of the property involved in the deed. 3. Florida Scrivener's Error Corrective Affidavit for Legal Terminology Correction: When a deed contains errors in legal or technical terminologies, this type of affidavit can be utilized to correct these mistakes. It ensures correct interpretation and understanding of the legal provisions within the deed. Overall, a Florida Scrivener's Error Corrective Affidavit is a valuable legal tool for rectifying clerical inaccuracies found within a deed. It provides an efficient and cost-effective solution for correcting minor errors and ensures the accuracy of the recorded information.
Florida Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed
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How to fill out Florida Scrivener's Error Corrective Affidavit To Correct Clerical Error In Deed?
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FAQ
County Forms Correct common errors in a deed, such as typographical mistakes or omissions in various sections of the original deed, by using a corrective deed, which must be signed by the grantor and witnesses and re-acknowledged.
A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.
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.
The Bottom Line A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.
Scrivener's Affidavits These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
What is a corrective deed? A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.
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.