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Can you do an Affidavit of Scrivener's Error for a deed in Kentucky?
Wiki User
∙ 12y ago
A Scrivener's Affidavit cannot be used to make any substantial changes in a deed. For example, it can be used to correct or add the date, add, correct or delete a middle initial that was recited improperly in the deed or make any other such minor changes that will help to CLARIFY the recitations in the deed. A Scrivener's Affidavit cannot be used to change, add to or substantially modify the description of the property, add or delete a grantor or grantee, or add other information that affects the title to the property or its description. Scrivener's Affidavits are not necessarily found when the title to the property is examined because they would be indexed under the name of the scrivener and not the property owner. For that reason they should not be used to make substantial changes that affect the title. If a Scrivener's Affidavit attempts to add a parcel that was inadvertantly omitted in the initial deed, the affidavit does not meet the statutory requirements of a grant of real property. For substantial changes a corrective deed must be recorded in the chain of title.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoObviously someone has already made an error in the deed but you haven't explained what the error was. You need to consult with an attorney who specializes in real estate and conveyancing who can review the situation and determine how it must be addressed. Not all errors in deeds can be solved by a scrivener's affidavit. Errors in grantee/grantor names and substantial errors in the description must be addressed by a corrective deed and may involve a reconveyance of the property.
Obviously someone has already made an error in the deed but you haven't explained what the error was. You need to consult with an attorney who specializes in real estate and conveyancing who can review the situation and determine how it must be addressed. Not all errors in deeds can be solved by a scrivener's affidavit. Errors in grantee/grantor names and substantial errors in the description must be addressed by a corrective deed and may involve a reconveyance of the property.
Obviously someone has already made an error in the deed but you haven't explained what the error was. You need to consult with an attorney who specializes in real estate and conveyancing who can review the situation and determine how it must be addressed. Not all errors in deeds can be solved by a scrivener's affidavit. Errors in grantee/grantor names and substantial errors in the description must be addressed by a corrective deed and may involve a reconveyance of the property.
Obviously someone has already made an error in the deed but you haven't explained what the error was. You need to consult with an attorney who specializes in real estate and conveyancing who can review the situation and determine how it must be addressed. Not all errors in deeds can be solved by a scrivener's affidavit. Errors in grantee/grantor names and substantial errors in the description must be addressed by a corrective deed and may involve a reconveyance of the property.
Wiki User
∙ 12y agoObviously someone has already made an error in the deed but you haven't explained what the error was. You need to consult with an attorney who specializes in real estate and conveyancing who can review the situation and determine how it must be addressed. Not all errors in deeds can be solved by a scrivener's affidavit. Errors in grantee/grantor names and substantial errors in the description must be addressed by a corrective deed and may involve a reconveyance of the property.
Wiki User
∙ 9y agoYes. However, you should obtain a copy of the deed and make an appointment with an attorney who specializes in real estate law. It is an idiosyncrasy of deed drafting by non-professionals that once an error has been made in the drafting of the deed, the error grows each time they try to correct it. Deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct if they can be corrected.
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How will a scrivener's error impact the validity of a note mortgage or deed?
As long as the error is corrected with a scriveners amendment and recorded, then the deed stands as intended.
Can anyone do a scirverners error for a deed in Tennessee?
No. A Scrivener's Affidavit must be executed by the professional who drafted the document that contains the error.
How do you correct a middle initial on a deed?
If your middle initial was written incorrectly in your deed you should return to the attorney who represented you when you purchased your property and ask her to draft and record in the land records a scrivener's affidavit explaining the error and ask to have it referenced to your deed.
What should you do when you get a deed with an error or missing course in the legal description?
If the error is minor, and the deed has a title reference that states it is the same property described in a former deed and that former deed recites the correct description, then you may be safe to ignore the error. A missing course in an otherwise perfect deed can be corrected by a scrivener's affidavit. If the error is substantial enough that it causes confusion as to what land was conveyed then you will need a corrective deed. You should have the deed reviewed by the attorney who represented you at the closing ASAP.
What is a scrivener's affidavit?
A scrivener's affidavit is a statement executed by a person who made a minor error in a legal document such as a deed, mortgage, agreement or survey. They are most often executed by attorneys and surveyors. The affidavit clearly sets forth the error and the correction. A scrivener's affidavit cannot be used to make any substantial changes to names of grantors and grantees or property descriptions.
How do you make a correction on a quitclaim deed?
Once a deed has been recorded that deed cannot be corrected. An error in a deed must be addressed with a scrivener's affidavit or corrective deeds depending on the error, if the error can be corrected. You should consult with an attorney who specializes in real estate law.You can add more details on the discussion page.
How are Home Owners Association fees stricken from the deed?
HOA fees are not usually mentioned in deeds. However, if they were, items cannot be stricken from a deed. Once a deed has been recorded it represents a snapshot in time and modifications of the information must be added to the title by subsequent recordings. If HOA fees were mentioned in a deed and they are paid, then a proof of payment or release must be recorded in the land records and referenced to that deed. If they were listed in error then an affidavit can be recorded by the attorney who drafted that deed or the entity in charge of issuing certificates of no fees due for the community.HOA fees are not usually mentioned in deeds. However, if they were, items cannot be stricken from a deed. Once a deed has been recorded it represents a snapshot in time and modifications of the information must be added to the title by subsequent recordings. If HOA fees were mentioned in a deed and they are paid, then a proof of payment or release must be recorded in the land records and referenced to that deed. If they were listed in error then an affidavit can be recorded by the attorney who drafted that deed or the entity in charge of issuing certificates of no fees due for the community.HOA fees are not usually mentioned in deeds. However, if they were, items cannot be stricken from a deed. Once a deed has been recorded it represents a snapshot in time and modifications of the information must be added to the title by subsequent recordings. If HOA fees were mentioned in a deed and they are paid, then a proof of payment or release must be recorded in the land records and referenced to that deed. If they were listed in error then an affidavit can be recorded by the attorney who drafted that deed or the entity in charge of issuing certificates of no fees due for the community.HOA fees are not usually mentioned in deeds. However, if they were, items cannot be stricken from a deed. Once a deed has been recorded it represents a snapshot in time and modifications of the information must be added to the title by subsequent recordings. If HOA fees were mentioned in a deed and they are paid, then a proof of payment or release must be recorded in the land records and referenced to that deed. If they were listed in error then an affidavit can be recorded by the attorney who drafted that deed or the entity in charge of issuing certificates of no fees due for the community.
How do you use the Kentucky saddler horse on red dead redemption in multiplayer live when you have the deed?
You click on the deed, It will save, then you call your horse and then it should be the Kentucky saddler.
What documents are notarized in a mortgage loan package?
Depends on the lender and their document package. Here is a list: Deed of Trust & Grant Deeds Name Affidavit Occupany Affidavit Note (some require this)
What is the definition of a Scribner's error?
I don't believe there is a word "scribner." The correct spelling would be "scrivener' which is a person who writes a document, such as a deed, for another, usually for a fee and that person should be a lawyer.
How do you correct a scriveners error on a recorded deed?
You need to hire an attorney to review the problem and correct it. Deeds drafted by non-professionals often have errors that can be costly to correct if they can be corrected. All errors cannot be resolved by a scrivener's affidavit. In fact, they often complicate the problem.You need to hire an attorney to review the problem and correct it. Deeds drafted by non-professionals often have errors that can be costly to correct if they can be corrected. All errors cannot be resolved by a scrivener's affidavit. In fact, they often complicate the problem.You need to hire an attorney to review the problem and correct it. Deeds drafted by non-professionals often have errors that can be costly to correct if they can be corrected. All errors cannot be resolved by a scrivener's affidavit. In fact, they often complicate the problem.You need to hire an attorney to review the problem and correct it. Deeds drafted by non-professionals often have errors that can be costly to correct if they can be corrected. All errors cannot be resolved by a scrivener's affidavit. In fact, they often complicate the problem.
In Kentucky if you deed your house to your child if you enter a nursing home how long does the deed have to be in effect to insure it is safe from government attachment?
I believe that is a federal statute of two years
