Benton County Scrivener's Error Affidavit Form

Benton County Scrivener's Error Affidavit Form
Fill in the blank Scrivener's Error Affidavit form formatted to comply with all Arkansas recording and content requirements.

Benton County Scrivener's Error Affidavit Guide
Line by line guide explaining every blank on the Scrivener's Error Affidavit form.

Benton County Completed Example of the Scrivener's Error Affidavit Document
Example of a properly completed Arkansas Scrivener's Error Affidavit document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Arkansas and Benton County documents included at no extra charge:
Where to Record Your Documents
Benton County Circuit Clerk
Bentonville, Arkansas 72712
Hours: 8:30 to 4:30 M-F
Phone: (479) 271-1017
Recording Tips for Benton County:
- Ensure all signatures are in blue or black ink
- White-out or correction fluid may cause rejection
- Have the property address and parcel number ready
Cities and Jurisdictions in Benton County
Properties in any of these areas use Benton County forms:
- Avoca
- Bella Vista
- Bentonville
- Cave Springs
- Centerton
- Decatur
- Garfield
- Gateway
- Gentry
- Gravette
- Hiwasse
- Lowell
- Maysville
- Pea Ridge
- Rogers
- Siloam Springs
- Sulphur Springs
Hours, fees, requirements, and more for Benton County
How do I get my forms?
Forms are available for immediate download after payment. The Benton County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Benton County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Benton County?
Recording fees in Benton County vary. Contact the recorder's office at (479) 271-1017 for current fees.
Questions answered? Let's get started!
Scrivener's Error Affidavits in Arkansas
What happens when an important document like a deed or a mortgage has been recorded, and an error is spotted after the fact? What can you do to fix it? One option may be filing a corrective scrivener's affidavit.
A scrivener's affidavit is an instrument containing sworn statements by the affiant, or person making the affidavit, that sets forth the intent of the original document by correcting a non-material error in a document which has been recorded at an earlier date. The Arkansas statutes specifically state that scrivener's affidavits may be used to correct the following: the identification, marital status, heirship, relation, death, or the time of death of a person; the identification of a corporation or other legal entity;or the legal description to real property (A.C.A. 18-12-108).
Major, or material, changes to the substance of the document have a legal effect in how property is titled, and therefore require a new deed. Adding or removing a grantee, for example, or making significant modifications to the legal description, may require a new document. When in doubt about the gravity of an error and the appropriate vehicle to address it, consult with a lawyer.
In order to be valid, the affidavit must include the name of the person or entity that completed or prepared the original instrument, and the names of all parties to the original instrument (A.C.A. 18-12-108). If the person's name has changed in the time since the erroneous document was recorded, a new document is typically required. The affidavit must also include the recording information from the original instrument. And of course, the affidavit states a brief description of each error and the correction itself (A.C.A. 18-12-108).
Because a scrivener's affidavit is correcting another document where the transfer tax has already been paid, it is exempt from said transfer tax pursuant to A.C.A. 26-60-102(3). Contact a lawyer with questions if no tax was paid on the recorded document.
The affidavit must be executed and recorded by one of the individuals listed in A.C.A. 18-12-108 who were party to the original document. The affiant must sign the document in order for the correction to be valid (A.C.A. 18-12-108). It must also meet all state and local standards for recorded documents. Submit the completed affidavit at the circuit clerk's office in the county where the real property is located (A.C.A. 18-12-108).
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about scrivener's affidavits, or for any other issues related to real property in Arkansas.
(Arkansas Correction Deed Package includes form, guidelines, and completed example)
Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.
This Scrivener's Error Affidavit meets all recording requirements specific to Benton County.
Our Promise
The documents you receive here will meet, or exceed, the Benton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Benton County Scrivener's Error Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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