Virginia Scrivener's Error in Deed

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Multi-State
Control #:
US-02537BG-1
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Word; 
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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.
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Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.

A corrective affidavit that is recorded pursuant to this section operates as a correction of the deed, deed of trust, or mortgage and relates back to the date of the original recordation of the deed, deed of trust, or mortgage as if the deed, deed of trust, or mortgage was correct when first recorded.

Obvious description errors in a recorded deed, deed of trust, or mortgage purporting to convey or transfer an interest in real property may be corrected by recording an affidavit in the land records of the circuit court for the jurisdiction where the property is located or where the deed, deed of trust, or mortgage ...

A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.

A correction deed, also known as a confirmatory or corrective deed, is a legal document used to fix errors on a property title that is recorded. Property owners can use this special type of deed to amend common errors such as misspellings, incomplete names, and other missing information.

?Scrivener's or similar errors in the record, which are demonstrably contradicted by all other documents, are clerical mistakes. Such errors cause the final decree or the court's record to fail to 'speak the truth.

What is a corrective deed? A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.

The Bottom Line A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.

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Virginia Scrivener's Error in Deed