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A scrivener is a writer or professional drafter of instruments such as contracts, wills, or other documents; a scribe. [Last updated in July of 2021 by the Wex Definitions Team]
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.
A warranty deed must include Minnesota's essential elements for a valid, recordable deed. Among other things, warranty deeds must have the names of the grantor and grantee, the property's legal description, and the specific language and covenants that demonstrate the grantor's warranty to the grantee.
What is a Scrivener's Affidavit? 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.
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.
The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.? (Civ.
Small mistakes, like misspelling or omitting a word, can often be corrected with a scrivener's affidavit. The affidavit describes how the incorrect part of the deed should read, and the affidavit is signed and recorded by the person who wrote the deed.
A corrective deed is a deed that serves to correct and negate a mistake made between parties that have contracted an original deed agreement. The minimum Deed Tax is due on the recording of a quit claim deed given for the purpose of correcting an error or omission in an original deed.