If a deed has a typo or some other error that has no effect on the vesting of title, then a Scrivener’s Affidavit can be used to clarify the error without the grantor needing to sign a new deed or corrective deed. A Scrivener’s Affidavit is a sworn statement by the person who drafted the deed acknowledging and explaining the error in the deed. A Scrivener’s Affidavit does not correct a deed, it only provides information in the public record to acknowledge and clarify the error.
The following are two common types of errors where a Scrivener’s Affidavit can be used:
Minor legal description error – A single error or omission in a lot or block, unit, building, phase of a condominium or cooperative unit, or directional designation of tract of land of a legal description. See Florida Statute 689.041. The Scrivener’s Affidavit should be in the form identified by Florida Statute 689.041.
Marital status – Incorrect marital status for a party. For example, if parties are married to one another, but the deed identifies them only as a married person (e.g., Scott Herman, a married man, and Jane Fonda, a married woman, rather than Scott Herman and Jane Fonda, a married couple), then a Scrivener’s Affidavit can be used to clarify the error.