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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

 

 

 

________________________

__________________

 

 

 

Common mistakes

Filling out the Scrivener's Affidavit form can seem straightforward, but many individuals encounter pitfalls that can lead to complications. One common mistake is failing to provide accurate identifying information. This includes names, addresses, and other personal details. When this information is incorrect or incomplete, it can create confusion and delay the processing of the affidavit.

Another frequent error is neglecting to sign the affidavit in the appropriate places. Signatures are crucial, as they validate the document. If a signature is missing or placed incorrectly, the affidavit may be deemed invalid. It is essential to review the form carefully to ensure that all required signatures are present.

People often overlook the importance of having the affidavit notarized. A notary public serves as a witness to the signing process, adding a layer of authenticity to the document. Without notarization, the affidavit may not hold up in legal situations, which can undermine its purpose.

In addition, individuals sometimes fail to include all necessary attachments or supporting documents. The affidavit may require additional paperwork to substantiate the claims made within it. Omitting these documents can lead to rejection or delays in processing.

Another common mistake involves using outdated versions of the form. Legal documents can change over time, and using an old version may result in errors or omissions. It is crucial to ensure that you are using the most current version of the Scrivener's Affidavit form.

People may also misinterpret the instructions provided with the form. Each section typically has specific requirements, and misunderstanding these can lead to incorrect responses. Taking the time to read the instructions thoroughly can help prevent this issue.

Lastly, individuals often rush through the completion of the form. This haste can lead to careless mistakes, such as typos or omissions. Taking a moment to review the completed affidavit can save time and prevent potential legal complications down the line.

Dos and Don'ts

When filling out the Scrivener's Affidavit form, it’s important to approach the task with care. Here are some guidelines to help you navigate the process effectively.

  • Do: Read the instructions carefully before starting. Understanding what is required can save you time and frustration.
  • Do: Use clear and legible handwriting or type the information. This ensures that your affidavit is easy to read and understand.
  • Do: Double-check all the information you provide. Mistakes can lead to delays or complications.
  • Do: Sign the affidavit in the presence of a notary. This step is crucial for the document to be legally valid.
  • Don't: Leave any required fields blank. Incomplete forms may be rejected or returned for corrections.
  • Don't: Use abbreviations or shorthand. Clarity is essential, so write everything out in full.
  • Don't: Forget to keep a copy for your records. Having a copy can be helpful for future reference.
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Similar forms

  • Affidavit of Identity: This document serves to confirm an individual's identity, often used in legal proceedings. Similar to the Scrivener's Affidavit, it is sworn under oath and may be required to validate signatures or transactions.
  • Power of Attorney: A Power of Attorney grants authority to another person to act on one’s behalf. Like the Scrivener's Affidavit, it is executed with careful attention to detail and requires a signature, often in the presence of a notary.
  • Declaration of Trust: This document outlines the terms of a trust and the responsibilities of the trustee. It shares similarities with the Scrivener's Affidavit in that both documents establish legal intentions and must be executed with precision.
  • Notarized Statement: A notarized statement is a written declaration that is signed in the presence of a notary public. This document, like the Scrivener's Affidavit, provides a layer of authenticity and legal standing to the information presented.
  • Utah Non-disclosure Agreement: This form is essential for protecting sensitive information in business dealings, ensuring that confidentiality is maintained. For more details, visit smarttemplates.net.
  • Quitclaim Deed: A Quitclaim Deed transfers interest in property from one party to another. It is similar to the Scrivener's Affidavit in that both documents require clear identification of the parties involved and must be properly executed to be legally binding.