Missouri Affidavit of Scrivener's Error - Affidavit of Correction
About this form
The Affidavit of Scrivener's Error, commonly known as an Affidavit of Correction, is a legal document used to correct clerical mistakes in existing legal documents, such as property deeds or trust agreements. This affidavit is a sworn statement made by an individual (the Affiant) that identifies specific errors and provides the correct information. Unlike other affidavits, this form specifically addresses clerical errors, distinguishing it from more general legal statements.
Form components explained
- Name and details of the Affiant, including their signature.
- Description of the original document containing the clerical error, including the instrument title, grantors, grantees, and recording information.
- A detailed statement of the error being corrected in the original document.
- The correct legal description that should replace the erroneous one.
- A notary acknowledgment section to validate the affidavit.
When to use this form
This form is typically used when there are clerical errors in legal documents, such as inaccuracies in property descriptions in deeds. It is crucial when an error may lead to legal disputes or misunderstandings regarding property ownership. Using this affidavit helps clarify the intended legal descriptions and ensures that records accurately reflect the correct information.
Intended users of this form
- Individuals or entities that have identified clerical errors in recorded legal documents.
- Property owners needing to amend the legal description of their property deed.
- Attorneys representing clients who require corrections to legal documents.
How to complete this form
- Identify the Affiant and enter their personal information at the top of the affidavit.
- Provide details of the original document, including its title, grantors, grantees, and recording information.
- Clearly state the error in the legal description as well as the correct information.
- Include the complete correct legal description in the specified section.
- Sign the affidavit in front of a Notary Public for validation.
Notarization requirements for this form
Yes, this form must be notarized to be legally valid. The notary public verifies the identity of the Affiant and ensures the affidavit is signed willingly. US Legal Forms provides integrated online notarization, allowing you to notarize your documents securely via video call, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to clearly identify the clerical error can lead to further confusion.
- Not including the complete and correct legal description could invalidate the affidavit.
- Omitting the signature of the Affiant or not having the affidavit notarized.
Why complete this form online
- Convenient access to a legally sound template prepared by licensed attorneys.
- Edit and customize the form to fit specific needs without the hassle of physical paperwork.
- Can be filled out and stored electronically for easy retrieval.
Quick recap
- An Affidavit of Scrivener's Error corrects clerical mistakes in legal documents.
- This form must be notarized to be legally valid.
- It's essential for property owners and legal representatives to maintain accurate records.
- Using online form services adds convenience and reliability to the process.
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FAQ
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.
Re-recording of the original document. With corrections made in the body of the original document. A cover sheet detailing the changes. Must be re-signed and re-acknowledged. Correction Deed. A new deed reflecting the corrections/changes. Must meet all recording requirements of a deed.
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.
Correcting a Mortgage Record Error If your mortgage record is filed, you cannot unfile it, correct it, and then resubmit it. However, you can amend the record with a corrective or newly executed deed or mortgage.
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, or new deed. Obtain the original signature(s) of the Grantor(s). Re-execute the deed with proper notarization and witnessing.
The doctrine of a "scrivener's error" is the legal principle that a map-drafting or typographical error in a written contract may be corrected by oral evidence if the evidence is clear, convincing, and precise.
What is a Correction Affidavit? An Affidavit of Correction may be used to correct inaccurate information on an official court or government record. This includes: DMV records, such as vehicle registration or title. Property records, like deeds or liens.
Draw line through entry (thin pen line). Make sure that the inaccurate information is still legible. Initial and date the entry. State the reason for the error (i.e. in the margin or above the note if room). Document the correct information.
