A corrective affidavit under Va. Code Section 55-109.2 is a statutory form for correcting an obvious description error in a recorded deed, deed of trust, or mortgage. Note that the affidavit must be executed by an attorney licensed by the Virginia State Bar.
The statutes classify an "obvious description error" as an error transcribing courses and distances; an error incorporating a recorded plat or deed reference; an error in lot number or designation; or an omitted exhibit supplying the legal description of the subject parcel.
The contents of a statutory corrective affidavit include the original grantor's and grantee's names and the place where the original deed was recorded. It includes both the property description containing the error and the corrected property description. The affidavit is signed by a Virginia attorney and notarized.
Prior to recording the affidavit, the attorney delivers a copy to all parties to the deed, deed of trust, or mortgage containing the error and to the title insurance company, if applicable, and gives notice of intent to record the affidavit. If no objection is received within 30 days of receipt of notice, the attorney may record the affidavit. The affidavit should include a copy of the notice sent to the parties and a statement that no objection was received.
In addition to meeting the requirements set forth at 55-109.2, the affidavit must comply with recording standards for documents in the Commonwealth of Virginia. Record the affidavit in the Circuit Court Clerk's office of the county or independent city where the parcel described within the affidavit is situated.
This is a form for an attorney's use only. Contact a Virginia attorney if you think you need this form, or to address your specific situation.
Deeds.com Virginia Corrective Affidavit Forms Have Been Updated as Recently as Tuesday January 8, 2019
What others like you are saying:
Jearsel W. said: I was surprised how helpful the completed example was. It was nice to see what the form should look like when it is filled out. Great job!
Reply from Staff
That's wonderful to hear Jearsel, thanks for your feedback. Have an awesome day.
Mark R. said: Easy and simple to understand, had no trouble with the transaction or the forms. Recorded on the first try, not something that happens very often.
Reply from Staff
Great to hear that Mark. have an awesome day!
Teri B. said: Glad to have all of the helpful extra information, even though they don't answer all questions for all situations. So, I accessed public records and asked questions at the auditor's office. Also, on my Mac computer, filling out the actual deed form is a challenge because the screen jumps to the last page everytime I try to type a few letters or hit the return key, so I'm rollling back up to the first 2 pages after most keystrokes. A bit annoying. Overall, happy to have these form options are available! There is really no need to wait and pay for an attorney when all the information needed is available via public records. Fill in the blanks!
Reply from Staff
Thanks so much for the feedback Teri. There are known issues between Adobe and Mac, we try to work around them as much as possible. Have a wonderful day!
Select County or Independent City where the property is located.