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Arkansas Code Title 18. Property § 18-12-108. Scrivener's affidavits--Definition

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) As used in this section, “scrivener's affidavit” means a sworn and acknowledged affidavit relating to:

(1) 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;

(2) The identification of a corporation or other legal entity that is a party to an instrument affecting the title to real property; or

(3) The legal description to real property.

(b) A scrivener's affidavit may be executed and recorded by a:

(1) Licensed attorney who prepared the original instrument;

(2) Licensed attorney who represents a party to the original instrument;

(3) Party to the original instrument if the party prepared the original instrument; or

(4) Current employee of a title company that completed the form of the original instrument.

(c) A scrivener's affidavit shall:

(1) Be sworn to and acknowledged before a person authorized to administer an oath under the laws of this state;

(2) Conspicuously identify in its title that it is a “Scrivener's Affidavit”; and

(3) Contain the following information concerning the original instrument:

(A) The name of the person or entity that completed or prepared the original instrument;

(B) The names of all parties to the original instrument;

(C) The recording information, including the recording date of the original instrument; and

(D) A brief description of each error that the scrivener's affidavit is designed to correct.

(d) A scrivener's affidavit may be prepared in substantially the following form:

“SCRIVENER'S ERROR AFFIDAVIT

KNOW ALL PERSONS BY THESE PRESENTS that:

 [Name] 

prepared or completed the form of a

[Type of instrument]

with regard to a conveyance from

  [Name(s)]  

as

  [grantor,

mortgagor, etc.]   

to

    [Name(s)]    

as

  [grantee,

mortgagee, etc.]   .

 The

  [ Type of instrument]  

which was

recorded in the records of

_______ County, Arkansas, on

 [Date], 

as Instrument Number

  [in Book   at Page  ]

contained a

scrivener's error with regard to the

 [reason for correction(s)].  

The aforementioned

 [Type of instrument] 

should reflect that the

  [Type of instrument]  

read as follows:

  [Insert correction(s)].

Further affiant sayeth naught.

    WITNESS my hand and seal on this ___ day of __________, 20___.

______________________________

[Signature]

Name printed:__________________

ACKNOWLEDGMENT

STATE OF____________ }

   }ss.

COUNTY OF_______________

}

    On this day of ___ day of __________, 20___, before me, a Notary Public in and for the said county and state, personally appeared ___, to me well known, and acknowledged that [he/she] had executed the foregoing document for the consideration, uses, and purposes therein mentioned and set forth.

    IN WITNESS WHEREOF, I hereunto set my hand and official seal.

___________________________________

Notary Public

My Commission Expires:____________________”

(e) A scrivener's affidavit that complies with this section in substantially the form provided by subsection (d) of this section or in a custom form shall be:

(1) Recorded by the county recorder in the land records of the county where the real property is located;

(2) Indexed by the county recorder in the general index under the names of the original parties to the instrument as they are identified in the scrivener's affidavit; and

(3) Admissible as evidence to the same extent as a deed or other instrument recorded pursuant to § 18-12-201 et seq. in an action involving the instrument to which it relates or the title to the real property affected by the instrument.

(f)(1) Except as provided in subdivisions (f)(2) and (3) of this section, notice of the corrective information provided by the scrivener's affidavit is effective at the time the scrivener's affidavit is recorded.

(2) If an error contained in a scrivener's affidavit is of an obvious nature, notice of the corrective information provided by the scrivener's affidavit is effective at the time the original instrument being corrected was recorded.

(3) Subdivision (f)(2) of this section does not apply to a bona fide purchaser for value of real property.

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Cite this article: FindLaw.com - Arkansas Code Title 18. Property § 18-12-108. Scrivener's affidavits--Definition - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-12-108/

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