Affidavit used to address certain clerical or drafting errors in recorded real-estate documents.
A scrivener’s affidavit is an affidavit used to address certain clerical or drafting errors in recorded real-estate documents.
A scrivener’s affidavit matters because not every title problem is a dispute over ownership. Some problems are clerical: a typo, minor drafting error, incorrect reference, or other document issue that needs to be explained or corrected for the title record.
It also matters because borrowers may hear the term when a title file is delayed by what sounds like a small mistake. Even small mistakes can matter if they affect the public record the lender and title company rely on.
Borrowers usually encounter a scrivener’s affidavit during title review, refinance preparation, post-closing cleanup, or title-curative work.
The term becomes practical when the Title Commitment or title company identifies a document error that may be handled through an affidavit rather than a full new deed.
| Term | Borrower-facing distinction |
|---|---|
| Scrivener’s affidavit | Statement addressing certain clerical or drafting errors |
| Corrective Deed | Deed recorded to correct a prior deed issue |
| Title Defect | Broader problem that can interfere with clean title |
| Recording | Filing step that places documents in the public record |
A recorded deed contains a minor clerical error in a reference to a prior document. The title company determines that a scrivener’s affidavit is needed to explain or address the mistake before the refinance can proceed.
Scrivener’s affidavit differs from Corrective Deed because the affidavit is a sworn statement, while a corrective deed is a deed used to correct a prior deed issue.
It differs from Owner’s Affidavit because an owner’s affidavit confirms owner or property facts for title review, while a scrivener’s affidavit focuses on clerical or drafting error.
It also differs from Title Exception because an exception is a policy limitation or listed matter, while the affidavit is a curative or explanatory document.