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Sample Petition For Correction Of Clerical Error

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US-02537BG
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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.

Maine Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed is a legal document used to rectify any accidental mistakes or errors that may have occurred during the drafting or recording of a deed in the state of Maine. This Affidavit enables individuals or parties involved in a real estate transaction to correct clerical errors or typos in a deed, ensuring accurate property ownership records and preventing any potential legal disputes. The purpose of the Maine Scrivener's Error Corrective Affidavit is to address minor discrepancies, such as misspelled names, incorrect legal descriptions, inaccurate parcel numbers, or improperly recorded information, which can affect the accuracy and validity of a deed. By using this document, the parties involved can save time and expense that would otherwise be required to go through a formal legal process to correct such errors. There are a few different types of Maine Scrivener's Error Corrective Affidavits, depending on the specific error or mistake being corrected: 1. Correcting Name Misspellings: This type of Affidavit is used when there is a misspelling or a typographical error in the names of the granter(s) or grantee(s) mentioned in the deed. By submitting this Affidavit, the individuals involved can correct the names and ensure accurate identification of the parties. 2. Correcting Legal Descriptions: If the land or property description in the deed contains errors, such as incorrect lot numbers or incomplete legal descriptions, a Corrective Affidavit can be filed to rectify this mistake and provide an accurate legal description of the property. 3. Correcting Recording Errors: In some cases, errors may occur during the recording process, resulting in inaccurate or incomplete information in the recorded deed. This type of Maine Scrivener's Error Corrective Affidavit is used to correct such errors and ensure the accurate representation of the original intended deed. It is crucial to note that while the Maine Scrivener's Error Corrective Affidavit is a useful tool to address clerical and minor errors, it cannot be used to modify or alter the substance of a recorded deed. If substantial changes are required, such as adding or removing parties, changing property boundaries, or correcting significant factual errors, a different legal process must be followed, possibly involving a court petition to modify the deed. Overall, the Maine Scrivener's Error Corrective Affidavit is a valuable resource for swiftly and efficiently correcting minor clerical errors or inadvertent mistakes in deeds, ensuring the accuracy and integrity of property records and maintaining a smooth real estate ownership transfer process.

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How to fill out Maine Scrivener's Error Corrective Affidavit To Correct Clerical Error In Deed?

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FAQ

Correction Deed for Real Estate Located in Maine This document does not convey title; instead, it confirms the prior conveyance of the property. Apart from supplying the correct information, the new deed must state the reason for correcting and reference the prior deed by title, date, and recording number.

A tax of $2.20 per $500 in value (rounded up) imposed upon the sale, granting or transfer of real estate and any interest therein. The transfer tax is equally divided between the buyer and the seller, unless exempt pursuant to Title 36, §4641-C.

Quitclaim or Warranty Deed: Prepare deed and record in the registry of deeds: $350 (does not include county recording fees, or transfer tax (if applicable).

A Maine quitclaim deed without covenant passes to the new owner?with no covenants or warranty of title?whatever interest the person signing the deed (the grantor) has the power to transfer. If the grantor holds good, clear title, the new owner receives good, clear title.

To be able to record the deed, it must be accompanied by a transfer tax form and payment of transfer tax. Transfer tax rate in Maine is ?$2.20 per $500 or fractional part of $500 of the value of the property being transferred.? Further, transfer tax is imposed 50/50 on both the grantor and grantee.

Use the confirmatory deed to correct an error in a warranty or quitclaim deed in Massachusetts. A corrective or confirmatory deed is in effect an explanation and correction of an error in a prior instrument and passes no title.

The only way to add or remove a name on a deed is to have a new deed recorded. Once a document is recorded, it cannot be altered. In order to protect your legal interests, we strongly suggest that you contact an attorney to have this done for you.

A quitclaim deed without covenant, by definition, has no express warranty or language giving rise to implied covenants of title. The new owner bears all risk of problems with the property's title and cannot sue for breach of warranty if title problems arise.

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Mar 15, 2023 — The next step is to correct the error in the prior deed. If the error is a misspelling in the legal description, simply correct that error. Oct 29, 2018 — If the original grantor is not available to sign a correction deed, an affidavit of correction or scrivener's affidavit might be the best option ...Determine if the error is harmless or fatal to the transfer of title. · Decide what instrument is best suited to the error. · Draft a corrective deed, affidavit, ... Senate Bill 146 authorizes the use of a scrivener's error affidavit to correct certain minor errors in deeds, mortgages and other instruments affecting title to ... We provided several ideas on how to correct an error on a deed, including recording a new deed or recording an affidavit or correction deed. Before you do ... 1. Omission of consideration; failure to seal. A deed or other instrument, including a power of attorney, whenever made for the conveyance of real property, ... The affidavit must identify the mortgagee and mortgagor and include the street address, if any, of the real estate encumbered by the mortgage; a description of ... Mar 11, 2016 — A scrivener's-error affidavit which complies with the requirements will be recorded in the land records of the county in which the real property ... 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 ... INSTRUCTIONS: 1. Complete in blue or black ink or print form. Copies may be accepted. 2. Use the form below to correct information on a certificate of title ...

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Sample Petition For Correction Of Clerical Error