New Mexico Statutes Chapter 47. Property Law § 47-1-57. Use of scrivener's-error affidavits

(1) a legal description, such as the omission of one or more words;

(2) the name of a subdivision;

(3) the recording information for a plat;

(4) a metes and bounds description or sectionalized legal description; provided that the description shall reference a recorded instrument reflecting the correct description, if available;

(5) the spelling of a name;

(6) a middle initial, if incorrect or missing;

(7) a grantor's or grantee's address, if omitted in a recorded instrument;

(8) a party's marital status;

(9) a missing exhibit or addendum; or

(10) the legal type or state of domicile of a corporation or other legal entity.

(1) for an error or omission on a recorded instrument involving real property:

(2) for an error on a power of attorney:

(1) state that the affiant has actual knowledge of and is competent to testify to the facts in the affidavit and contain an acknowledgment that the affiant is testifying under the penalty of perjury;

(2) be sworn to and acknowledged by the affiant before a person authorized to administer an oath under New Mexico law;

(3) conspicuously identify in its title that it is a “scrivener's affidavit” or “scrivener's-error affidavit”; and

(4) contain the following information concerning the original instrument being corrected:

(1) recorded by the county clerk in the land records of the county in which the real property is located;

(2) indexed by the county clerk in the general index under the names of the original parties to the instrument as they are identified in the affidavit;

(3) admissible as evidence to the same extent as a deed or other recorded instrument in an action involving the original instrument to which it relates or the title to the real property affected by the original instrument; and

(4) effective as of the date of the original instrument being corrected.

(1) prohibit any other manner of correcting errors in any writings affecting title to real estate by any other lawful means such as corrective deeds, additional deeds to correct errors or modifications to mortgages or deeds of trust; or

(2) require a change to the records of the county assessor or the county treasurer.

1. I am duly authorized to execute this Affidavit, have actual knowledge of the matters set forth within this Affidavit and am competent to testify in a court of law about the facts stated in this Affidavit.

2. I am eligible and qualified under New Mexico law to be the Affiant of this Scrivener's-Error Affidavit because of the following facts:

3. The instrument containing the error that this Affidavit intends to correct is as follows:

4. The purpose of this Affidavit is to provide notice of the scrivener's error described in this Affidavit and to correct the Original Instrument.

5. The Original Instrument was prepared by, completed by or associated with: ____________________.

6. The names and capacities of the parties to the Original Instrument are:

7. The recording information, including the recording date and document, instrument or reception number for the Original Instrument, is as follows: Date of Recording __________

________________________________________, in the real property records of __________ County, New Mexico.

8. A brief description of each error in the Original Instrument that this Affidavit is designed to correct:

9. The correct information to be inserted or reflected in or the information to be removed from the Original Instrument is as follows:

10. This Affidavit is made under penalty of perjury.

FURTHER AFFIANT SAYETH NAUGHT.

Dated this __________ day of __________, 20___.

Name:

Company Name:

Title:

STATE OF __________

COUNTY OF __________

This instrument was subscribed, sworn to and acknowledged on this __________ day of __________, 20___ by __________, as __________ of __________.

___________________________

Notary Public

(Seal)

My commission number: __________

My commission expires: __________”.