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Scrivener's Affidavit

State:
Multi-State
Control #:
US-02537BG
Format:
Word; 
Rich Text
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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.
Title: Understanding Oklahoma Scrivener's Error Corrective Affidavit to Correct Clerical Errors in Deed Description: In Oklahoma, Scrivener's Error Corrective Affidavit is a legal document used to rectify inadvertent errors made during the preparation or recording of a deed. This affidavit allows property owners to correct clerical mistakes that may have occurred while conveying or titling their property. In this detailed description, we will discuss the purpose, process, and types of Scrivener's Error Corrective Affidavit used in Oklahoma, highlighting relevant keywords throughout the content. 1. Purpose of Oklahoma Scrivener's Error Corrective Affidavit: The primary objective of the Scrivener's Error Corrective Affidavit is to resolve typographical or clerical errors present in a deed without undergoing the time-consuming and costly process of a judicial proceeding. This legal document is designed to fix errors that occurred during the preparation, transcription, or recording of the deed, ensuring the accuracy of the title transfer and maintaining the integrity of property ownership and rights. 2. Process to File a Scrivener's Error Corrective Affidavit in Oklahoma: To correct clerical errors in a deed using a Scrivener's Error Corrective Affidavit in Oklahoma, individuals must follow these general steps: a. Identify the Error: Thoroughly examine the deed and identify the specific clerical error that requires correction. It could be a misspelled name, incorrect parcel description, inaccurate legal description, or other similar mistakes. b. Draft an Affidavit: Prepare a Scrivener's Error Corrective Affidavit containing a detailed explanation of the error, the correct details, and the reason behind the mistake. The affidavit should also include information about the property, the granter(s) and grantee(s) involved, and the deed's recording details. c. Obtain Notary Certification: Sign the affidavit in the presence of a notary public, who will verify the authenticity of the document by affixing their official seal or stamp. d. Record the Affidavit: Submit the completed, notarized Scrivener's Error Corrective Affidavit to the county clerk's office where the original deed was recorded. Pay the necessary filing fees, and obtain a certified copy of the corrected affidavit for your records. 3. Different Types of Oklahoma Scrivener's Error Corrective Affidavit: While there may not be specific subtypes of Scrivener's Error Corrective Affidavit, the nature of errors encountered can vary. Some common types of errors include: a. Misspelled Names or Incorrect Signatures: This category includes errors made while typing or writing the names of granters or grantees, as well as issues related to missing or forged signatures. b. Improper Parcel Description: Mistakes regarding the property's legal description, such as incorrect lot numbers, block numbers, or survey details, fall under this type of error. c. Inaccurate Legal Descriptions: Errors concerning the metes and bounds description, acreage, boundaries, or any other measurements provided in the deed's legal description. d. Omitted or Inaccurate Attachments: Errors related to the unintentional omission or faulty inclusion of attachments (e.g. surveys, plat maps, exhibits) necessary for a complete and accurate description of the property. It is important to note that the Scrivener's Error Corrective Affidavit is intended solely for fixing minor errors, applicable within reasonable limits, and not for making substantive changes to the deed. In summary, an Oklahoma Scrivener's Error Corrective Affidavit provides a straightforward solution to rectify unintentional clerical errors in a deed, ensuring accuracy in property transfers. By understanding its purpose, the filing process, and the types of errors it can address, individuals can navigate the corrective procedure with ease and maintain the legal standing of their property transactions.

Title: Understanding Oklahoma Scrivener's Error Corrective Affidavit to Correct Clerical Errors in Deed Description: In Oklahoma, Scrivener's Error Corrective Affidavit is a legal document used to rectify inadvertent errors made during the preparation or recording of a deed. This affidavit allows property owners to correct clerical mistakes that may have occurred while conveying or titling their property. In this detailed description, we will discuss the purpose, process, and types of Scrivener's Error Corrective Affidavit used in Oklahoma, highlighting relevant keywords throughout the content. 1. Purpose of Oklahoma Scrivener's Error Corrective Affidavit: The primary objective of the Scrivener's Error Corrective Affidavit is to resolve typographical or clerical errors present in a deed without undergoing the time-consuming and costly process of a judicial proceeding. This legal document is designed to fix errors that occurred during the preparation, transcription, or recording of the deed, ensuring the accuracy of the title transfer and maintaining the integrity of property ownership and rights. 2. Process to File a Scrivener's Error Corrective Affidavit in Oklahoma: To correct clerical errors in a deed using a Scrivener's Error Corrective Affidavit in Oklahoma, individuals must follow these general steps: a. Identify the Error: Thoroughly examine the deed and identify the specific clerical error that requires correction. It could be a misspelled name, incorrect parcel description, inaccurate legal description, or other similar mistakes. b. Draft an Affidavit: Prepare a Scrivener's Error Corrective Affidavit containing a detailed explanation of the error, the correct details, and the reason behind the mistake. The affidavit should also include information about the property, the granter(s) and grantee(s) involved, and the deed's recording details. c. Obtain Notary Certification: Sign the affidavit in the presence of a notary public, who will verify the authenticity of the document by affixing their official seal or stamp. d. Record the Affidavit: Submit the completed, notarized Scrivener's Error Corrective Affidavit to the county clerk's office where the original deed was recorded. Pay the necessary filing fees, and obtain a certified copy of the corrected affidavit for your records. 3. Different Types of Oklahoma Scrivener's Error Corrective Affidavit: While there may not be specific subtypes of Scrivener's Error Corrective Affidavit, the nature of errors encountered can vary. Some common types of errors include: a. Misspelled Names or Incorrect Signatures: This category includes errors made while typing or writing the names of granters or grantees, as well as issues related to missing or forged signatures. b. Improper Parcel Description: Mistakes regarding the property's legal description, such as incorrect lot numbers, block numbers, or survey details, fall under this type of error. c. Inaccurate Legal Descriptions: Errors concerning the metes and bounds description, acreage, boundaries, or any other measurements provided in the deed's legal description. d. Omitted or Inaccurate Attachments: Errors related to the unintentional omission or faulty inclusion of attachments (e.g. surveys, plat maps, exhibits) necessary for a complete and accurate description of the property. It is important to note that the Scrivener's Error Corrective Affidavit is intended solely for fixing minor errors, applicable within reasonable limits, and not for making substantive changes to the deed. In summary, an Oklahoma Scrivener's Error Corrective Affidavit provides a straightforward solution to rectify unintentional clerical errors in a deed, ensuring accuracy in property transfers. By understanding its purpose, the filing process, and the types of errors it can address, individuals can navigate the corrective procedure with ease and maintain the legal standing of their property transactions.

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FAQ

A quitclaim deed is used to transfer real property from the grantor to the new recipient owner, called the grantee. The grantor will terminate any rights to claim the property using a quitclaim deed, thus allowing all rights to be transferred to the recipient/grantee.

A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.

Oklahoma Mortgage Filing Fee Calculations Any additional documents, Affidavit of Surviving Joint Tenant, Quit Claim Deed, etc. would be treated as a document of their own. With the first page being $18.00 and each additional page attached being $2.00.

Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.

A general warranty deed?like other deed forms?must satisfy all criteria generally applicable to Oklahoma deeds. Among other things, a warranty deed must be correctly formatted,35 include a legal description of the real estate,36 and state the new owner's name and address on the face of the document.

Oklahoma deeds require the following: Upon delivery of the signed and notarized deed to the grantee, the deed becomes effective and is a legally binding document. The deed must be recorded with the county register to notify all third parties that the grantor has released all claims to the property to another individual.

A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and docHubd, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

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Mar 15, 2023 — ... correct merely because the clerk or other recording office accepts it for recording. ... The next step is to correct the error in the prior deed. Each one will be recorded in the public record in addition to the original deed with the error. Corrective Deed; Affidavit of correction or scrivener's ...Oct 29, 2018 — ... deed, an affidavit of correction or scrivener's affidavit might be the best option. ... typographical mistakes, so-called scrivener's errors. As ... These types of errors can usually be corrected rather easily by having the drafter complete ... Scrivener's Affidavits, Corrective Deeds and Curative Notices, ... correction deed could not be used to correct a mistake omitting an entire ... “scrivener's affidavits” to correct the deed and other similar instruments ... The affidavit or the title transaction that contains the recital must have been ... clerk, but must be filled out by the aggrieved party. A copy of the. Here are 3 common ways to correct a deed: Warranty or Quitclaim Deed. Affidavit of Correction. Correction Deed. Keep reading the next three sections, which ... Nov 14, 2019 — Unlike a Corrective Deed, a Scriveners Affidavit does not correct anything. ... the second deed may file a Scriveners Affidavit stating that J. Senate Bill 146 authorizes the use of a scrivener's error affidavit to correct certain minor errors in deeds, mortgages and other instruments affecting title to ... Get the free scrivener affidavit form. Get Form. Show details. Scriveners Error Corrective Affidavit to Correct Clerical Error in Deed CORRECTIVE AFFIDAVIT TO ...

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Scrivener's Affidavit