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What Is a Scrivener's Affidavit?

A scrivener's affidavit is often witnessed and signed by a notary public.
A scrivener's affidavit is used correct small errors in legal documents.
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  • Written By: Daphne Mallory
  • Edited By: Melissa Wiley
  • Last Modified Date: 20 August 2014
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A scrivener’s affidavit is a form used to correct minor errors in a legal document that was previously executed. Some of the errors that the scrivener affidavit is used to correct include a typographical error, misspelling of a name, or incorrect strikeover of a word. It often cannot be used to make substantial changes, such as the term of a contract or the amount of compensation. In those cases, parties must sign an amendment or a new document to fix the error. Like other affidavits, it has to be sworn under oath or witnessed and signed by a notary public in most jurisdictions.

A scrivener is a clerk or copyist who is hired to write or prepare written instruments, and a scrivener’s error is a term that refers to the errors made when preparing those documents. The errors are often made by mistake or inadvertence, and they are minor and unintentional. A scrivener’s affidavit, sometimes referred to as an affidavit of correction or affidavit of error, is used to correct those errors. The alternative would be to re-execute the document, which is often not possible once it has been recorded. The affidavit is often recorded with the document it corrects in order to put the public on notice of the error and the correction.

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Some errors in legal documents are initially missed by the parties at the time of signing or preparation. When they discover those errors at a later date, it’s easy to fix them with a scrivener’s affidavit. The alternative would be to alter the original documents, which might be burdensome to one or both parties. For example, in real estate transactions in which the paperwork is lengthy, it would cost less and be easier to manage if one of the parties were to execute a scrivener’s affidavit to correct a misspelling or omission of an initial on a deed. The main piece of criteria for using the affidavit is that the error does not try to make a material change to the document it seeks to correct, because it often is inadequate to meet the statutory requirements for executing the original document.

Regions often have a scrivener’s affidavit form for a recorded document that leaves blanks for the affiant to fill out. The forms are often included in the applicable statute or given by the government representative who is the custodian of those records. Individuals can also find templates of affidavits for documents that are not recorded in various legal software packages or free on the Internet.

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anon331374
Post 4

One additional note: the cost of recording a scrivener's is often much less than the cost of re-recording a corrected version of the original document. Not only do you not need to bother the signers to fix minor mistakes, but there can be hundreds of dollars in difference in the fees associated.

You can check the fee schedule for your local county; Scrivener's fees are typically filed under miscellaneous documents or miscellaneous deeds and are only a few pages vs. a mortgage that might be anywhere from 9-18 or so (there is often an additional charge per page recorded).

anon331371
Post 3

Scrivener's Affidavits are not signed by all parties. The preparer of the original document, most often the mortgage lender in the case of home loans, prepares a smaller document attesting that an error was made and states the correction required.

Typical errors are minor typos (account numbers, name spellings, etc) or other miscellaneous corrections (mortgage did not include legal description, Notary did not complete the county section of the signing/Notary page, etc). This document is essentially a statement of good faith and if the changes indicated were unreasonable, they may be rejected by the county.

@browncoat: Just because spellcheck programs exist does not mean that people use them. Before spellcheck programs, we had dictionaries. So long as we have language written by humans, we will have human error.

KoiwiGal
Post 2
@browncoat - There is another way to change the document if they need to, by resubmitting it. I imagine that a scrivener's affidavit is still run by all the interested parties and that they have to sign off on it before it can be put into practice. So if there are any word switches that could affect the terms of the document, which would be quite an extraordinary coincidence, they would have to be favorable enough for someone to want to keep them in there so that they will contest the affidavit letter.

Generally all the people who are involved in this kind of process are doing it willingly, like in a house sale. I guess it's conceivable that there could be a case where someone protests a scriveners affidavit in order to halt a legal process but I've never heard of it happening and I'm not sure that it can happen, really.

browncoat
Post 1
I wonder where they would draw the line with this. I mean, I can see that it's only supposed to be used for very small changes that are to do with spelling or other minor mistakes.

But with the spellcheck programs that people use these days, most of the time the spelling error would have been picked up if it was obvious. So, most likely the scribe had accidentally entered one word when she meant to enter a different word.

And that could have serious legal connotations. But, if you used a scrivener's affidavit to change something which isn't a spelling mistake, and actually might change the terms of the contract, would that be going beyond how it should be used?

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