0
Can you do an Affidavit of Scrivener's Error to correct the Trustee listed on a Deed of Trust?
Wiki User
∙ 15y ago
Yes. You can visit a law library at your county court and look for a resource guide for drafting legal forms.
Added: THe above answer is true insofar as locating a resource for the proper forms.
HOWEVER - as to question that was asked: You may submit an affidiavit of scrivener's error ONLY if you are the one who made the error in the first place. If you are not the grantor of the trust (e.g.: you are the beneficiary of it) YOU could not legally change the grantor's document via this manner. You would have to petition the court for a hearing and establish your ground's for wanting to alter someone' else's legal document.
Wiki User
∙ 12y ago
Wiki User
∙ 15y agoGenerally, a scrivener's affidavit cannot be used to correct substantial errors in the document such as the names of the parties or changing the description for the property conveyed. Given that reality of fact, they are often used in practice to do such things and it is not rare to see several scrivener's affidavits recorded to correct a problem. The problem grows.
A scrivener's affidavit could be used to correct the spelling of a name if the original error was not substantial. However, if the wrong person was named as the grantee then you may have a more serious problem. That grantee should convey the property back to the original grantor. Then the transaction should be done over correctly.
You should seek the advice of an attorney who specializes in real estate in order to correct this problem. Trying to do it yourself could result in more costly corrective work later. It is likely that you will need a release from the individual who was erroneously listed as the grantee.
Add your answer:
Earn +20 pts
Can a traffic accident citation be thrown out if the location listed is incorrect in pennsylvania?
If all the other supporting information associated with the accident is correct, (e.g.: the accident report correctly identifies the time/date/location/drivers - etc) probably not. This can be viewed as, what is known in the law as, a "scriveners error" - an inadvertent written entry which does not materially affect the outcome of the legal action.
Can you get the money back that was garnished before you filed chapter 7?
Yes, but it must be listed correctly in your bankruptcy paperwork. It must be listed as both an asset and must be exempted for the trustee to return funds to you.
Why is a lawyer listed on a title for a second mortgage?
I assume you are talking about a deed of trust. This is because the lawyer was appointed trustee of the deed of trust. If you fail to make the payments, that lawyer, or another lawyer appointed by the lender (a successor trustee) may sell the home.
If the trustee declared your case a no-asset case even though there was an asset listed that the trustee overlooked it is your attorney obligated to bring it to his attention?
Bring it to the attention of the BK attorney immediately and have the error corrected. If this is not done in a timely manner the bankruptcy can be dismissed with or w/o prejudice.
Can the grantor sell assets listed in irrevocable living trust?
The grantor has no control over the assets in an irrevocable trust. Those assets are under the control of the trustee.
What is the correct spelling counseled or counselled?
Both ways are listed.
Where do you find the correct information for the tire pressure?
The tire sidewall will have maximum safe pressure listed on it. The vehicle will have the correct pressure for the vehicle listed on the driver door jamb and in the owners manual.
If you sell a listed asset how much goes toward bankruptcy?
If the bankruptcy is a Chapter 7, and the asset is not exempt, you cannot sell it. It is the property of the bankruptcy estate administered by the trustee. If the asset is exempt, you can sell it and keep the proceeds. If the asset sells for a lot more than you listed its value as, be prepared for a claim by the trustee. If in a Chapter 13 and the Plan has been approved by the court, you are a debtor in possession and can sell assets with no problem, unless, as above, the asset turns out to have a significantly higher value than you listed.
WHAT IS THE CORRECT Tire pressure for 2000 GMC TRACKER?
Listed in your owner's manual and should be listed on the driver's door post.
What step is NOT listed as a strategy when defining words with a dictionary?
Pick the first listed definition as the correct definition.
Can bankruptcy trustee take proceeds of lawsuit settlement 8 years after filing chapter 7 if both lawsuit and bankruptcy were filed around the same time?
The Lawsuit was required to be listed as an asset. If it was listed, and then abandoned by the Trustee, then it is yours to pursue. If it was not listed, then it belongs to the BK estate managed by the Trustee, until the BK case is reopened and the Trustee determines whether or not it is an asset and how to manage it.. regardless of how many years have passed (because the lawsuit does not belong to you anymore, unless the Trustee makes that written statement that it has been abandoned). Once a bankruptcy petition is filed and a trustee appointed, " 'the right to pursue causes of action formerly belonging to the debtor , vests in the trustee for the benefit of the estate.' " (Bauer v. Commerce Union Bank, 859 F.2d 438, 441 (6th Cir. 1988)(quoting Jefferson v. Mississippi Gulf Coast YMCA, 73 B.R. 179, 181-182 (S.D.Miss.1986)). ) Accordingly, a bankruptcy petitioner loses standing for causes of action and the estate becomes the real party in interest unless the bankruptcy trustee abandons the claims. (See In re Lopez, 283 B.R. 22, 28-29 (9th Cir. 2002); In re Pace, 146 B.R. 562, 565-66 (9th Cir. 1992).) Because the trustee controls the estate, the trustee is the real party in interest with standing to sue under any cause of action that belonged to the debtor when the petition was filed. It follows that "the decision whether to pursue a claim or not is vested within the trustee's discretion." (Detrick v. Panalpina, Inc., 108 F.3d 529, 535 (4th Cir. 1997).)
What is the correct tire size for a Mazda 3?
The correct size is listed in your owner's manual and on the driver's door post.
