AR House Bill 1479 (2025)
Legislation
State: Arkansas
Signed: March 25, 2025
Effective: August 03, 2025
Chapter: Act No. 418
SummaryPermits a Notary to execute and record a scrivener’s affidavit under certain circumstances.
AffectsAmends Section 18-12-108(b) of the Arkansas Code.
Changes
- Provides that scrivener's affidavit may be executed and recorded by a Notary Public who witnessed the execution of an original instrument and executed an acknowledgement to the original instrument, if it contains an error.
AnalysisSenate Bill 1137, enacted in 2013, established a “scrivener’s affidavit” to simplify the process of correcting certain errors in recorded documents related to real property titles. The law required that the affidavit be sworn and acknowledged before a Notary or other notarial officer. The original law specified the individuals who were authorized to sign and record a scrivener’s affidavit. House Bill 1479 authorizes a Notary to execute and record a scrivener’s affidavit provided the Notary witnessed the signing of the document containing the error and executed an acknowledgment for that document. This new law expands a Notary’s authority beyond the typical and expected ministerial role they are required to fulfill. Signing and recording corrective documents are not duties within the Notary’s wheelhouse. It is important to also point out that when the Notary signs a scrivener’s affidavit, the Notary must have their signature notarized on the affidavit by another Notary. The Notary signing the affidavit may not notarize their own signature.
Read House Bill 1479.