SummarySenate Bill 1137 creates a “scrivener’s affidavit” for the purpose of correcting certain errors in documents affecting the title to real property that are recorded with a county recorder. The scrivener’s affidavit is required to be sworn and acknowledged before a Notary or notarial officer. The bill contains a statutory scrivener’s affidavit form.
AnalysisTo err is human, but when an error is made in a document affecting title to real property, the consequences can be serious. Having to re-execute a real property document may not be feasible or desirable in a given circumstance especially if it is a simple correction that is needed. Senate Bill 1137 allows a “scrivener’s error affidavit” to be completed, executed, notarized and recorded in the land records to correct information related to the identification, marital status, heirship, relation, death, or the time of death of a person who is a party to an instrument affecting the title to real property; the identification of a corporation or other legal entity that is a party to an instrument affecting the title to real property; or the legal description to real property. SB 1137 prescribes who can prepare the scrivener’s affidavit, and most importantly for Notaries, requires the affidavit to be sworn and acknowledged before a Notary or other officer authorized to administer oaths. In the scrivener’s affidavit form provided in the bill, wording for an acknowledgment is provided with no mention that an oath or affirmation is administered, but a Notary or notarial officer handling a scrivener’s affidavit will need to place the affiant or affirmant under oath regarding the errors corrected by the affidavit.
Read Senate Bill 1137.