Maine Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed

State:
Multi-State
Control #:
US-02537BG
Format:
Word; 
Rich Text
Instant download

Description

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.
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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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Maine Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed