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.I, _ (вЂњAffiantвЂќ), being first duly sworn, state under oath: The scrivenerвЂ™s-error affidavit drafted and submitted by an individual seeking its admissibility must be substantially akin to the following example: It also does not require a change to the records of the county assessor or the county treasurer. Other lawful forms of correcting errors in writings affecting title to real estate such as corrective deeds are still permissible. This legislation only affects the requirements for an admissible scrivenerвЂ™s-error affidavit. It will be admissible 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. In addition, it will be indexed in the general index under the names of the original parties to the instrument and admissible as evidence. A scrivenerвЂ™s-error affidavit which complies with the requirements will be recorded in the land records of the county in which the real property is located. Lastly, the affidavit must be sworn to and acknowledged by the affiant before an individual authorized to administer an oath under New Mexico law.

The correct information to substitute the errors being corrected.

A brief description of error in the original document being corrected.

The recording information including recording date and document, instrument or reception number (if available) of the original instrument.

The names and capacities of all parties to the original instrument.

The name of the person or entity that prepared, completed or was associated with the original instrument.

Secondly, the affidavit must contain an acknowledgment that the affiant is testifying under penalty of perjury, conspicuously identify in its title that it is a вЂњscrivenerвЂ™s affidavitвЂќ or вЂњscrivenerвЂ™s-error affidavitвЂќ and contain the following information concerning the corrected original document: In order for a scrivenerвЂ™s affidavit to be found admissible there are several requirements that the affidavit and the affiant must meet.ДЇirstly, the affidavit must state that the affiant has actual knowledge of and is competent to testify to the facts in the affidavit.

The licensed attorney who prepared the original instrument.

A licensed attorney who represents a party to the original instrument or.

For an error on any other writing affecting title to real estate:.

The principal or grantor of the original instrument.

For an error on a power of attorney or an easement:.

A current employee of the mortgagee or beneficiary named in the form of the original instrument.

A licensed attorney who represents the mortgagee or beneficiary named in the form of the original instrument.

For an error on a mortgage or deed of trust:.

The employee or agent of the title insurer, if the individual is still employed by that insurer or agent and is licensed under the New Mexico Title Insurance Law.

The licensed attorney who prepared the original instrument or.

For an error on a deed or other legal document prepared in conjunction with the closing of a transaction affecting the title to real property:.

The following is a definitive list of the qualified individuals that may execute the document for each error: A scrivenerвЂ™s affidavit must be executed by certain qualified individuals.

Scrivener affidavit