A Texas Scrivener's Error Corrective Affidavit to Correct Clerical Error in Deed is a legal document used to rectify clerical errors or mistakes that occur during the creation or recording of a deed in the state of Texas. This affidavit is necessary in order to correct any errors that may impact the accuracy or validity of a property deed. The purpose of a Scrivener's Error Corrective Affidavit is to provide proof to the court or relevant authorities that a mistake has been made, and to request permission to amend the original deed to reflect the intended information accurately. Common types of errors that can be corrected using a Texas Scrivener's Error Corrective Affidavit may include: 1. Misspellings or typographical errors in the legal description of the property. 2. Omissions or inaccuracies in the names of granters or grantees. 3. Errors in the property address, lot numbers, or block numbers. 4. Incorrect recording of the property's metes and bounds. 5. Mistakes in the inclusion or exclusion of easements, liens, or encumbrances. 6. Factual errors in the legal description or property details. 7. Errors in the dates or execution of the deed. 8. Alterations or discrepancies in the signatures or notarization. By filing a Texas Scrivener's Error Corrective Affidavit, the affine, typically the granter or grantee, outlines the specific errors within the original deed and provides the accurate information that should have been included instead. The affine asserts that the errors were unintentional and made in good faith. It should be noted that this affidavit is not applicable for major substantive changes or fraudulent alterations to the deed. Once the Scrivener's Error Corrective Affidavit is completed, it must be signed and notarized by the affine and any other required parties. The affidavit, along with any supporting documentation or evidence, is then submitted to the appropriate court or county clerk's office for consideration and approval. It is essential to consult an experienced attorney or legal professional in Texas to ensure the correct course of action for correcting a clerical error in a deed and to discuss any potential legal implications or requirements specific to the situation.
Scrivener's Affidavit
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How to fill out Texas Scrivener's Error Corrective Affidavit To Correct Clerical Error In Deed?
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The statute contemplates three types of scrivener's errors: (1) An error or omission in no more than one of the lot or block identifications of a recorded platted lot; (2) An error or omission in no more than one of the unit, building, or phase identifications of a condominium or cooperative unit; or.
A One and the Same Affidavit or an Identity Affidavit may be used in Texas when the current owner has changed his or her name or when there was an error in the spelling of the current owner's name in his or her deed.
Correction Instruments: Nonmaterial Corrections. (E) a fact relating to the acknowledgment or authentication. (2) an omitted call in a metes and bounds legal description in the original instrument that completes the description of the property.
Under Florida law, an unrecorded deed that is notarized and delivered, will be valid as between the parties (the grantor and grantee). However, as far as creditors or purchasers, an unrecorded deed is void because there was no notice of the transaction.
The grantor in the first deed to contain the scrivener's error (?First Erroneous Deed?) cannot have owned any other property in the same subdivision, condominium, co-op, or the same section, township and range as described in the First Erroneous Deed within five years prior to the recording date of the First Erroneous ...
Forgeryand fraud A forged deed is void under Florida law and is a third-degree felony. The term covers the fraudulent production of a legal document or making alterations to a legal document which may render it void. These forged documents can make their way into public records and be treated like legitimate documents.
689.041 Curative procedure for scrivener's errors in deeds.? (1) As used in this section, the term: (a) ?Erroneous deed? means any deed, other than a quitclaim deed, which contains a scrivener's error.
Theparties to the original transaction or the parties' heirs, successors, or assigns, as applicable may execute a correction instrument to make a material correction to the recorded original instrument.