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Scrivener's Affidavit Form

The Scrivener's Affidavit is a legal document used to clarify or correct discrepancies in written instruments, often related to property transactions. This form serves as a sworn statement by a scrivener, or writer, affirming the accuracy of the information contained in the original document. Understanding its purpose and proper use can help ensure that legal documents reflect the true intentions of the parties involved.

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Outline

Common PDF Templates

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Scrivener's Affidavit Sample

SCRIVENER’S AFFIDAVIT

Prepared By: (Name & Address)

____________________________

Property Identification Number:

____________________________

Document Number to Correct:

____________________________

Attach complete legal description

I, ______________________________, the affiant and preparer of this Scrivener’s Affidavit, whose relationship to

the above-referenced document number is (ex. drafting attorney, closing title company, grantor/grantee, etc.):

________________________________________________, do hereby swear and affirm that Document Number:

_________________________________, included the following mistake: __________________________________

_____________________________________________________________________________________________

which is hereby corrected as follows: (use additional pages as needed), or attach an exhibit which includes the correction—but DO NOT ATTACH the original/certified copy of the originally recorded document:____________________________________________________________________________

_____________________________________________________________________________________________

____________________________________________________________________________________________.

Finally, I ___________________________________, the affiant, do hereby swear to the above correction, and

believe it to be the true and accurate intention(s) of the parties who drafted and recorded the referenced document.

__________________________________________	____________________________
Affiant’s Signature Above	Date Affidavit Executed
NOTARY SECTION:
State of ______________________)
)
County of ____________________ )

I, __________________________, a Notary Public for the above-referenced jurisdiction do hereby swear and affirm

that the above-referenced affiant did appear before me on the below indicated date and affix her/his signature or marking to the foregoing Scrivener’s Affidavit after providing me with a government issued identification, and

appearing to be of sound mind and free from any undue coercion or influence.		AFFIX	NOTARY	STAMP
BELOW
Notary Public Signature Below	Date Notarized Below
________________________	__________________

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Instructions on Utilizing Scrivener's Affidavit

Completing the Scrivener's Affidavit form is an important step in the legal process. By following the steps outlined below, you will ensure that all necessary information is accurately provided. This will help facilitate the next stages of your legal matter.

Begin by gathering all necessary information. This may include your personal details, the details of the case, and any relevant documentation.
Obtain the Scrivener's Affidavit form. This can typically be downloaded from the appropriate court's website or obtained from a legal office.
At the top of the form, fill in your full name, address, and contact information. Ensure that this information is current and correct.
In the section designated for the case information, provide the case number, if available, and the names of the parties involved in the case.
Next, clearly state the facts that you are attesting to in the affidavit. This section should be concise and to the point, outlining the relevant details.
After stating the facts, you will need to sign the affidavit. Make sure to do this in the presence of a notary public, who will also need to sign and stamp the document.
Once the affidavit is signed and notarized, make copies for your records and for any parties that require a copy.
Finally, file the original affidavit with the appropriate court, following any specific filing instructions provided by the court.

Misconceptions

The Scrivener's Affidavit is a document often misunderstood in various legal contexts. Below are ten common misconceptions about this form, along with clarifications to help demystify its purpose and function.

It is only used in real estate transactions.
While frequently associated with real estate, a Scrivener's Affidavit can be utilized in various legal matters where clarification of intent or facts is necessary.
It must be notarized to be valid.
Notarization is not always required, but having the affidavit notarized can add an extra layer of authenticity and credibility.
Anyone can create a Scrivener's Affidavit.
Although the form can be drafted by individuals, it is advisable to seek legal assistance to ensure accuracy and compliance with relevant laws.
It serves as a legally binding contract.
The Scrivener's Affidavit is not a contract. Instead, it is a statement of facts or intentions that may support other legal documents.
It can be used to alter the terms of an existing agreement.
This affidavit cannot change or modify existing contracts. It can only clarify or affirm facts related to those agreements.
It is only relevant in court proceedings.
While it can be used in court, the Scrivener's Affidavit is also helpful in administrative processes and negotiations outside of court.
Filing a Scrivener's Affidavit guarantees legal protection.
Filing the affidavit does not guarantee protection. Its effectiveness depends on the context and how it is presented alongside other evidence.
It must be lengthy and complex.
A Scrivener's Affidavit can be concise and straightforward. Clarity is often more valuable than complexity.
All states have the same rules regarding Scrivener's Affidavit.
Legal requirements can vary significantly from state to state, making it essential to understand local laws before using the form.
Once filed, it cannot be changed.
While changes may be complicated, it is possible to amend a Scrivener's Affidavit if necessary. Consulting with a legal professional is recommended.

Understanding these misconceptions can help individuals navigate the complexities of legal documentation more effectively. Seeking guidance from legal professionals can further enhance clarity and ensure proper usage of the Scrivener's Affidavit.

Documents used along the form

The Scrivener's Affidavit is a vital document often used in various legal contexts, particularly in real estate transactions. However, it is frequently accompanied by other forms and documents that help clarify or support the claims made within the affidavit. Below is a list of commonly used documents that complement the Scrivener's Affidavit.

Title Deed: This document serves as proof of ownership of a property. It outlines the rights of the owner and provides a legal description of the property in question.
Power of Attorney: This legal document allows one person to act on behalf of another in legal or financial matters. It may be necessary when the property owner is unable to sign the Scrivener's Affidavit personally.
Property Survey: A property survey provides a detailed diagram of the property lines and any structures on the land. It can help resolve disputes regarding boundaries and is often referenced in the affidavit.
Motor Vehicle Bill of Sale Form: For those engaged in vehicle transactions, the comprehensive Motor Vehicle Bill of Sale documentation is essential to ensure proper transfer of ownership and compliance with legal requirements.
Affidavit of Identity: This document verifies the identity of the individual signing the Scrivener's Affidavit. It is particularly useful in cases where there may be confusion regarding the parties involved.

Understanding these accompanying documents can significantly enhance the clarity and effectiveness of the Scrivener's Affidavit. Each plays a crucial role in ensuring that all legal aspects of a property transaction are thoroughly addressed and documented.