Scrivener Affidavit Template for the United States

A Scrivener Affidavit is an essential legal tool that allows you to correct minor errors in recorded documents without the time and expense of creating entirely new legal documents. This sworn statement serves as an official record of correction under United States property and recording laws, making it particularly valuable when precision is critical to the validity of your legal documents.

When do you need this document?

You need a Scrivener Affidavit when clerical or typographical errors are discovered in documents that have already been executed and recorded. This commonly occurs in real estate transactions where a misspelled name appears on a deed, incorrect legal descriptions are recorded, or wrong dates are entered in mortgage documents. Property professionals also use these affidavits to correct errors in survey descriptions, easement agreements, and title documents. The affidavit is particularly useful when the original parties are difficult to contact or when re-executing the original document would cause significant delays in property transactions.

Key legal considerations

The most critical requirement is that the error must be genuinely clerical or scrivener's in nature-meaning it was an unintentional mistake that doesn't change the substantive intent of the original document. You cannot use this affidavit to alter material terms, change parties to an agreement, or modify substantive legal provisions. The affidavit must include detailed information about the original document, including recording information and a precise description of both the error and the correction. The affiant must have personal knowledge of the error and the intended correct information. Additionally, the correction cannot adversely affect the rights of third parties who may have relied on the recorded document.

Legal requirements in United States

Under United States law, Scrivener Affidavits must comply with state-specific requirements that vary by jurisdiction. Most states require the affidavit to be notarized and sworn under penalty of perjury, with the affiant having personal knowledge of the facts stated. The document must clearly identify the original instrument by its recording information, including book and page numbers or instrument numbers. State property laws typically require that the affidavit be recorded in the same county records where the original document was filed. Some states have specific formatting requirements, mandatory language, or time limits for filing these corrections. Additionally, state notary laws govern the proper execution of the sworn statement, including requirements for notary seals, signatures, and witness procedures where applicable.