Scrivener's Affidavit Template

The Scrivener's Affidavit is a legal document used to clarify and confirm the accuracy of a written instrument, often in real estate transactions. This form serves as a means for a scrivener, or the person who drafted the document, to attest that any discrepancies or errors in the original document were unintentional. Understanding how to properly utilize this affidavit can help ensure that all parties involved have a clear and accurate understanding of the terms and conditions laid out in the original agreement.

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The Scrivener's Affidavit is an essential legal document that serves as a valuable tool in various real estate transactions and property-related matters. This form is typically utilized when a discrepancy arises between a property description in a deed and the actual physical characteristics of the property. By providing a sworn statement from a scrivener, or a person who has prepared the original legal documents, this affidavit helps clarify any misunderstandings or errors that may exist. It plays a critical role in affirming the intent of the parties involved, thereby ensuring that the legal records accurately reflect the true nature of the property in question. Additionally, the Scrivener's Affidavit can aid in expediting the resolution of disputes, protecting the interests of buyers, sellers, and lenders alike. Understanding the nuances of this form is crucial for anyone engaged in real estate transactions, as it not only facilitates smoother dealings but also reinforces the integrity of property records.

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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Key takeaways

When filling out and using the Scrivener's Affidavit form, consider the following key takeaways:

Understand the Purpose: The Scrivener's Affidavit is used to correct errors in legal documents, ensuring that the intent of the original document is accurately reflected.
Identify the Errors: Carefully review the original document to pinpoint specific mistakes that need correction. Common errors include typographical mistakes, incorrect names, or misstatements of facts.
Follow the Format: Use the correct format for the affidavit. This typically includes a title, an introductory statement, and a clear description of the errors being corrected.
Provide Clear Explanations: Clearly explain the nature of the errors and how the corrections will reflect the original intent of the document.
Sign in Front of a Notary: The affidavit must be signed in the presence of a notary public. This adds a layer of authenticity and legal weight to the document.
File Appropriately: After completing the affidavit, file it with the relevant court or agency where the original document was submitted. This ensures that the corrections are officially recognized.
Keep Copies: Always retain copies of the completed affidavit and any related documents for your records. This can be crucial for future reference or disputes.