![]() ![]() Thereafter, on October 18, 1911, the parties executed a written agreement whereby they sought to compromise and settle the various matters in dispute between them. Judgment of foreclosure was rendered in favor of Garcia, but notwithstanding the fact that an appeal from that judgment was duly perfected, the mortgaged properly was sold under execution to Garcia, the mortgage creditor, for the sum of P18,000, leaving an unsatisfied balance due him of P6,000. Defendant and appellee, after entering a general denial of the allegations of the complaint, alleges by way of special defense that the instrument evidencing the contract relied upon by the plaintiff does not contain the true terms and conditions of the agreement entered into between them.Ĭentenera, the plaintiff and appellant, was the defendant in foreclosure proceedings instituted by Garcia, the defendant and appellee in this action, upon a mortgage of certain real estate in the Province of Ambos Camarines. Plaintiff and appellant in this case prays for the specific performance of a contract for the sale of the land described in his complaint. To learn more about our over-the-top customer service, click here.William A. Since this is an official written statement under oath, a scrivener’s affidavit should be signed in front of a notary public and recorded at the courthouse with the real property records.īe sure to consult with an attorney for more detailed information on this topic, and if your client has questions, be sure to send them to Attorney's Title Group! Attorney's Title Group is an Arkansas title and closing company assisting customers with residential and commercial real estate transactions, title insurance, document preparation and review, 1031 exchange services, and more. A scrivener’s affidavit in that situation would be no substitute for obtaining a deed back from Sally Smith (to clear the title) and giving John a correct deed. A scrivener’s affidavit explaining that the grantee should have been John from the beginning doesn’t fix the mistake. For example, suppose a grantor in a deed intends to convey the property to John Jones, but inadvertently names Sally Smith as the grantee. ![]() One thing a scrivener’s affidavit can’t fix is use of the wrong name for the grantee in a deed. If a deed description has an incorrect lot number or has a typo in the course or distance call in the description, a scrivener’s affidavit is an easy way to correct the error. But the most common use of a scrivener’s affidavit is to correct a typographical error in the legal description. If a grantor’s name is given as ABC company but omits the “Inc” if it’s a corporation, or the “LLC” if it’s a limited-liability company, then the scrivener’s affidavit can supply the missing abbreviation. In layman’s terms, when a deed has certain technical defects or factual inaccuracies, a scrivener’s affidavit is a good way to fix those defects and inaccuracies.įor example, if a deed fails to state the marital status of an individual grantor a scrivener’s affidavit can supply the missing marital status. A scrivener’s affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. To break the term down even further, an affidavit is a written statement of facts made by a person who has personal knowledge of those facts. In this post we’re going to cover one of those potential solutions: the scrivener’s affidavit.Ī scrivener’s affidavit is a common method of “curing” a sick or cloudy title. On our last blog post we covered “cloudy” titles, or clouds on title, and some effective ways to avoid or cure them. ![]()
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