What qualifies as a scrivener's error?

A clerical or typographical mistake in a recorded instrument that does not change substantive rights qualifies. If the change alters obligations or parties, use an amendment or corrected instrument instead.

Does the affidavit change the original agreement?

No. The affidavit clarifies or corrects clerical text only and is not intended to modify substantive terms; substantive changes require mutual agreement and a new or amended instrument.

Who must sign the affidavit?

The affiant is typically the party with direct knowledge or authority (owner, lender officer, or attorney-in-fact). If signing for an entity, include proof of authority or corporate resolution.

Is notarization required?

Most counties require the affidavit to be notarized; remote options depend on state RON rules. Confirm with the county recorder before electronic submission.

Can the affidavit be signed electronically?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, but recorder acceptance and notary requirements vary by county and state.

What if the recorder rejects the filing?

If rejected, correct cited defects promptly, re-execute if necessary, and resubmit. Keep a copy of rejection notice and correspondence for title insurer review.

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Missouri Affidavit of Scrivener's Error

Missouri Affidavit of Scrivener's Error

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What the Missouri Affidavit of Scrivener's Error Is

A Missouri Affidavit of Scrivener's Error is a sworn statement used to correct a clerical, typographical, or transcription error in a previously executed and recorded instrument without changing the substantive rights or obligations created by that instrument. It identifies the original document, explains the inadvertent mistake, and states the precise correction requested for recording to restore the intended record. The affidavit is typically signed by an authorized party and notarized; it is not a substitute for amendments that alter substantive terms or create new obligations.

Why a Scrivener's Affidavit Matters

A properly prepared affidavit fixes clerical errors quickly, clarifies public records, and helps preserve chain of title while avoiding a full reformation or re-execution of the underlying instrument.

Who Commonly Prepares or Relies on This Affidavit

Typical users prepare and rely on scrivener's affidavits to correct narrow clerical problems while preserving the original instrument's legal effect.

Title companies and escrow agents — confirm chain of title and enable closings without full reformation.
Real estate attorneys and lenders — request precise corrections to deeds, mortgages, and assignments.
Property owners and registrants — provide sworn statements to county recorders for clerical fixes.

Stepwise Process to Complete the Affidavit

Follow these core steps in order to prepare, execute, and submit a Missouri scrivener's affidavit.

01

Identify Error: Locate the exact clerical mistake in the recorded instrument.
02

Draft Affidavit: Describe the error and state the precise correction.
03

Execute and Notarize: Affiant signs before a notary public; attach required exhibits.
04

File with Recorder: Submit to the county recorder with proper recording fee.

From Draft to Recorded Correction: Workflow Overview

This outline describes the common flow from preparing the affidavit to its appearance in the public record.

Prepare Document: Assemble original citation and exhibits.
Affiant Review: Affiant verifies factual accuracy before signing.
Notarization: Notary acknowledges signature and completes jurat.
Recording: County recorder indexes the affidavit against the original instrument.

Digital Tools and File Format Considerations

Use common, recorder-accepted formats and authenticated signatures when preparing digital affidavits.

File Formats: PDF/A or searchable PDF
Signature Type: Notarized wet-ink or e-notary
Integration: CRM and document storage

Recommended eSubmission and Authentication Settings

If completing the affidavit online, configure these settings to match recorder and notary expectations.

Field	Configuration
Authentication	Email + SMS code or ID proofing
Signature Type	E-signature for draft; wet-ink or RON for final
Recording Format	PDF/A with embedded jurat
Retention	Retain AV and audit trail per recorder

Comparison: eSignature Platforms for Preparing and Signing Affidavits

Platform capabilities and pricing vary; signNow appears first below. Verify vendor terms for notarization, HIPAA, and API access before selecting a solution.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Security and Compliance Standards to Consider

Encryption: TLS 1.2/1.3; AES-256 at rest

ESIGN / UETA: Compliant with electronic signature laws

HIPAA: BAA required for PHI

SOC 2: SOC 2 Type II available

21 CFR Part 11: Supported where required

Audit Trail: Complete timestamped activity log

Common Preparation Mistakes to Avoid

Citing the wrong original instrument reference: an incorrect book/page or instrument number can prevent the recorder from matching the affidavit to the intended document.
Attempting substantive edits via a scrivener's affidavit: using this form to alter material terms may render the correction invalid and invite litigation or require a new agreement.
Notarizing without evidence of authority: an agent or officer must show written authorization when signing for an entity; failing to attach proof can cause rejections.
Omitting precise corrected text: vague descriptions like 'fix typo' without the exact replacement text lead to ambiguity and possible non-acceptance by title insurers.

Consequences of an Incorrect or Misused Affidavit

Title Defect: Clouds chain of title

Recording Rejection: Requires re-filing

Invalid Correction: May be legally ineffective

Litigation Risk: Potential disputes arise

Additional Costs: Filing and legal fees

Insurance Delay: Title policy exceptions

Practical Tips for Accurate and Efficient Completion

Follow these best practices to reduce recording delays and ensure the affidavit serves its intended purpose without expanding obligations.

Be Precise

Quote the original instrument exactly and show the corrected text verbatim. Exact text removes interpretation risk and speeds recorder processing.

Limit Scope

Restrict the affidavit to clerical or typographical errors only. If substantive changes are needed, prepare an amendment or corrected instrument instead.

Attach Evidence

Include a copy of the original recorded document and any supporting exhibits to show the error clearly and to enable straightforward indexing by the recorder.

Confirm Recorder Rules

Check the county recorder's formatting requirements, accepted file types, and whether the recorder permits electronic submission or requires a wet-ink original.

Real-World Scenarios Where a Scrivener's Affidavit Helps

The following examples illustrate typical, non-substantive uses of an affidavit to correct the public record without altering parties' rights.

Title Company Example

A closing agent discovers a misspelled grantee name in a recorded deed

The agent prepares an affidavit describing the typographical error
The affidavit quotes the incorrect wording, supplies the corrected name, is notarized, recorded, and accepted by the county recorder to clear title for closing.

Recorder Clarification

A recorded mortgage lists the wrong street number due to transcription error

The lender files an affidavit identifying the accurate address and original recording reference
The county indexes the affidavit with the mortgage to prevent misdirected tax and lien notices.

Timing Considerations and Typical Processing Expectations

Timing varies by county: plan for internal review, notarization, and local recorder processing when scheduling closings or title updates.

Discovery to Draft:

Prepare affidavit promptly after discovering the error to avoid downstream complications

Notarization Window:

Execute in presence of notary as soon as affiant is available

Recorder Processing:

County recording times commonly range from 1–6 weeks depending on workload

Title Insurance Impact:

Allow insurer review time; some underwriters require additional documentation

Retention of Originals:

Retain signed original until recorder confirms indexing

Frequently Asked Questions About Missouri Scrivener's Affidavits

Answers address common procedural and validity concerns; consult local counsel or the county recorder for jurisdictional nuances.

Need help? Contact support

What qualifies as a scrivener's error?
A clerical or typographical mistake in a recorded instrument that does not change substantive rights qualifies. If the change alters obligations or parties, use an amendment or corrected instrument instead.
Does the affidavit change the original agreement?
No. The affidavit clarifies or corrects clerical text only and is not intended to modify substantive terms; substantive changes require mutual agreement and a new or amended instrument.
Who must sign the affidavit?
The affiant is typically the party with direct knowledge or authority (owner, lender officer, or attorney-in-fact). If signing for an entity, include proof of authority or corporate resolution.
Is notarization required?
Most counties require the affidavit to be notarized; remote options depend on state RON rules. Confirm with the county recorder before electronic submission.
Can the affidavit be signed electronically?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, but recorder acceptance and notary requirements vary by county and state.
What if the recorder rejects the filing?
If rejected, correct cited defects promptly, re-execute if necessary, and resubmit. Keep a copy of rejection notice and correspondence for title insurer review.

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