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Missouri Affidavit of Scrivener's Error - Affidavit of Correction

Scrivener's Affidavit

Name: Missouri Affidavit of Scrivener's Error - Affidavit of Correction
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.58 (420 reviews)

Category:

Missouri Affidavits - Scriveners

State:

Missouri

Control #:

MO-02510BG

Format:

Instant download

Description Affidavit Of Scrivener's Error

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.

Missouri law allows consideration of "extrinsic or external proof" to clarify the description of property intended to be conveyed by an instrument, and an Affidavit of Correction can provide that clarification.

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Scriveners Error FAQ

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.

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.

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.

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.

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.

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.

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.

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.

Scrivener's Affidavit

Description Affidavit Of Scrivener's Error

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