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The Scrivener's Affidavit is a legal document that serves to clarify and correct errors in a previously executed instrument, often related to real estate transactions. This form is essential for ensuring that all parties have a clear understanding of the intent behind the original document. If you need to fill out the Scrivener's Affidavit, click the button below to get started.

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The Scrivener's Affidavit form serves as a vital tool in the realm of legal documentation, particularly in real estate transactions and various other contractual agreements. This form is typically utilized to clarify discrepancies or errors that may arise in the drafting of legal documents, ensuring that the intent of the parties involved is accurately reflected. By providing a sworn statement from the scrivener—often the individual responsible for drafting the document—the affidavit helps to affirm the correctness of the details contained within. It addresses issues such as typographical errors, misstatements, or omissions, which, if left uncorrected, could lead to confusion or disputes down the line. Furthermore, the Scrivener's Affidavit not only reinforces the integrity of the document but also enhances its legal standing by offering a clear record of the scrivener's intentions and actions. Understanding the nuances of this form is essential for anyone engaged in real estate or legal documentation, as it plays a crucial role in preserving the accuracy and reliability of important agreements.

Sample - Scrivener's Affidavit Form

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
________________________	__________________

Document Breakdown

Fact Name	Details
Definition	A Scrivener's Affidavit is a sworn statement used to clarify or correct a document, often related to real estate transactions.
Purpose	It serves to affirm the accuracy of the information in the original document and to address any discrepancies.
Common Use	Typically used in property deeds, mortgages, and other legal documents to correct typographical errors or clarify intentions.
Governing Law (California)	In California, the use of a Scrivener's Affidavit is governed by California Civil Code Section 1180.
Governing Law (New York)	In New York, the form is recognized under Real Property Law Section 291.
Signatories	The affidavit must be signed by the person who prepared the original document and may require notarization.
Filing Requirements	Some jurisdictions may require the Scrivener's Affidavit to be filed with the original document in public records.
Limitations	This affidavit cannot be used to change the substantive terms of a contract; it is strictly for clarification.

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Misconceptions

The Scrivener's Affidavit form is often misunderstood. Here are some common misconceptions about it:

It is only for attorneys. Many believe that only lawyers can use this form. In reality, anyone can fill out a Scrivener's Affidavit as long as they understand the information being provided.
It has to be notarized. Some think that notarization is a requirement for all affidavits. While notarization can add credibility, it is not always necessary for a Scrivener's Affidavit.
It is the same as a regular affidavit. A Scrivener's Affidavit serves a specific purpose. It is often used to clarify or correct information in legal documents, unlike standard affidavits that may serve different functions.
It is only used in court cases. Many assume that this form is only relevant in legal disputes. However, it can be useful in various situations, such as real estate transactions or administrative processes.
It must be filed with the court. Some people think that a Scrivener's Affidavit must always be submitted to a court. In fact, it can be kept for personal records or provided to relevant parties without court involvement.
It requires extensive legal knowledge to complete. This form may seem complex, but it can often be filled out with basic information. Understanding the purpose of the affidavit is usually sufficient.
It is only for specific types of documents. While commonly associated with certain legal documents, a Scrivener's Affidavit can be applied to a wide range of situations where clarification is needed.
It is a permanent record. Some believe that once filed, the affidavit cannot be changed. In reality, it can be amended or replaced if new information arises.

Documents used along the form

The Scrivener's Affidavit is a valuable document often utilized in various legal and real estate transactions. It serves to clarify discrepancies in written documents, ensuring that the intent of the parties involved is accurately reflected. Alongside this affidavit, several other forms and documents may be required to facilitate a smooth process. Below is a list of common forms that are frequently used in conjunction with the Scrivener's Affidavit.

Affidavit of Title: This document confirms the ownership of a property and asserts that the seller has the right to sell it. It provides assurance to the buyer regarding the status of the title.
Deed: A legal document that formally transfers property ownership from one party to another. It outlines the details of the transaction and is recorded in public records.
Power of Attorney: This document grants a designated person the authority to act on behalf of another in legal or financial matters. It is often used when the principal cannot be present to sign documents.
Purchase Agreement: A contract between a buyer and seller outlining the terms of a property sale. It includes details such as price, closing date, and contingencies.
Title Insurance Policy: This insurance protects buyers and lenders from potential defects in the title that may arise after the purchase. It ensures that the title is clear and free of liens or disputes.
ATV Bill of Sale Form: For accurate ownership transfer, refer to the comprehensive ATV Bill of Sale document to ensure all sale details are properly recorded.
Closing Statement: A detailed summary of the financial aspects of a real estate transaction. It outlines all costs, fees, and credits involved in the closing process.
Mortgage Agreement: This document outlines the terms of a loan taken out to purchase property. It includes the loan amount, interest rate, repayment schedule, and consequences of default.
Disclosure Statement: A document that provides important information about the condition of the property. Sellers are often required to disclose any known issues that could affect the buyer's decision.

Understanding these documents can significantly enhance your confidence in navigating real estate transactions. Each plays a critical role in ensuring clarity and protection for all parties involved. It is advisable to consult with a professional when dealing with these forms to ensure compliance and accuracy.