Virginia Corrective Affidavit
County or Independent City Forms
Where is the property located?
Accomack CountyAlbemarle CountyAlexandria CityAlleghany CountyAmelia CountyAmherst CountyAppomattox CountyArlington CountyAugusta CountyBath CountyBedford CountyBland CountyBotetourt CountyBristol CountyBrunswick CountyBuchanan CountyBuckingham CountyBuena Vista CityCampbell CountyCaroline CountyCarroll CountyCharles CityCharlotte CountyCharlottesville CityChesapeake CityChesterfield CountyClarke CountyColonial Heights CityCovington CityCraig CountyCulpeper CountyCumberland CountyDanville CityDickenson CountyDinwiddie CountyEssex CountyFairfax CountyFairfax CityFalls Church CityFauquier CountyFloyd CountyFluvanna CountyFranklin CountyFranklin CityFrederick CountyFredericksburg CityGalax CityGiles CountyGloucester CountyGoochland CountyGrayson CountyGreene CountyGreensville CountyHalifax CountyHampton CityHanover CountyHarrisonburg CityHenrico CountyHenry CountyHighland CountyHopewell CityIsle Of Wight CountyJames CityKing And Queen CountyKing George CountyKing William CountyLancaster CountyLee CountyLexington CityLoudoun CountyLouisa CountyLunenburg CountyLynchburg CityMadison CountyManassas CityManassas Park CityMartinsville CityMathews CountyMecklenburg CountyMiddlesex CountyMontgomery CountyNelson CountyNew Kent CountyNewport News CityNorfolk CityNorthampton CountyNorthumberland CountyNorton CityNottoway CountyOrange CountyPage CountyPatrick CountyPetersburg CityPittsylvania CountyPoquoson CityPortsmouth CityPowhatan CountyPrince Edward CountyPrince George CountyPrince William CountyPulaski CountyRadford CountyRappahannock CountyRichmond CountyRichmond CityRoanoke CountyRoanoke CityRockbridge CountyRockingham CountyRussell CountySalem CountyScott CountyShenandoah CountySmyth CountySouthampton CountySpotsylvania CountyStafford CountyStaunton CitySuffolk CitySurry CountySussex CountyTazewell CountyVirginia Beach CityWarren CountyWashington CountyWaynesboro CityWestmoreland CountyWilliamsburg CityWinchester CityWise CountyWythe CountyYork CountyCorrective Affidavit for Real Estate Located in Virginia
A corrective affidavit under Va. Code Section 55.1-609 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 55.1-609, 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.
(Virginia CA Package includes form, guidelines, and completed example)