Can you do an Affidavit of Scrivener's Error to correct the Trustee listed on a Deed of Trust?

Answer 1

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.

Answer 2

Generally, 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.