What is scrivener's affidavit?

A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.

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Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

Clark Nevada Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

Name: Clark Nevada Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees
Brand: US Legal Forms
Rating: 4.84 (487 reviews)

Category:

Real Estate - Deeds - Corrections

State:

Multi-State

County:

Clark

Control #:

US-02539BG

Format:

Instant download

Description

A quiet title action is filed by a person or entity claiming title to all or a portion of a specific parcel of property and asks for a ruling that plaintiff's title is superior to any interest held or claimed by any of the named defendants. It is a mechanism to cure defects in the title to property, thereby providing assurance to the owner who brings the action, as well as subsequent purchasers, of the status of title and accuracy of the real property records.

Although a deed expresses the intention of the parties, if there is a material mistake, a court of equity may grant appropriate relief. A court of equity will order the cancellation or reformation of a deed where it appears that a material mistake has been made.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Clark Nevada Complaint To Reform Deed - Mistake In Erroneous Names Of Two Grantees?

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FAQ

A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.

Steps to fixing an incorrect deed 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.

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.

The deed must be executed and filed with the recorder of deeds in the city or county of the property where the property is located prior to the death of the owner.

Once the transfer is complete, there is no way to nullify or undo a quitclaim deed unless both parties consent to the arrangement. If the original grantor does agree to take back the property, you must draft and file a new quitclaim deed to void the original.

In North Carolina, property owners generally have three options for correcting errors within property deeds. These include using an affidavit of correction, also known as a scrivener's affidavit; re-recording the original deed; or using a newly-drafted correction deed.

If either party has found an error in the sale deed, the buyer and the seller will have to make an appearance in the sub-registrar's office, where the deed was previously registered. They will have to submit an application to the official, seeking correction in the document, along with all the supporting documents.

Transferring Missouri real estate is a four-step process: Locate the Prior Deed to the Property. The prior deed includes important information that is needed to prepare the new deed.Get a New Deed to the Property.Sign and Notarize the New Deed.Record the New Deed in the Land Records.

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, 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.

The Missouri warranty deed is a form of deed that provides an unlimited warranty of title. It makes an absolute guarantee that the current owner has good title to the property. The warranty is not limited to the time that the current owner owned the property.

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Clark Nevada Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

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