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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.
When there is a lack of consideration, the contract never was valid or enforceable. In contrast, failure of consideration occurs where a valid contract with a valid consideration becomes unenforceable due to the consideration no longer being valuable.
For the grantor to execute and deliver to the grantee a corrective deed. A corrective deed is valid without any additional consideration.
This is a post-closing problem and the issue creates a defective deed which will negatively impact the chain of title. For example, there might be a wrong notation of the metes and bounds or a mistake of a property's lot number. If left unchecked, this creates a serious issue. However, there are ways to correct it.
A Corrective Deed is used to fix/correct an error on a California deed which has already been recorded. This type of deed does not create a new interest. The Corrective Deed will correct the deed document on the earlier transfer of interest.
A deed must meet the following requirements to be valid: (1) be in writing; (2) name the parties; (3) give the legal description of the property; (4) specify the legal rights being conveyed; (5) include a consideration; and (6) be signed by a competent grantor and witnessed by two persons.
Usually, a deed is executed for consideration, but this is not essential for a valid transfer.
Without consideration by both parties, a contract cannot be enforceable. For instance, if a person used the money to purchase an apple, the apple is the merchant's consideration, and the money is the person's consideration.