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)

How to Use This Form

Select your county or independent city from the list above
Download the county or independent city-specific form
Fill in the required information
Have the document notarized if required
Record with your county or independent city recorder's office

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Common Uses for Corrective Affidavit

Re-record a document to correct formatting or content errors
Update county records to reflect accurate ownership details
Correct a recorded deed that omitted required language
Fix an incorrect parcel number or property address

Compare other Virginia deed forms and documents

Quitclaim Deed Gift Deed Gift Deed Special Warranty Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Deed of Trust and Promissory Note Certificate and Affidavit of Satisfaction of Deed of Trust Certificate of Partial Satisfaction of Deed of Trust Transfer on Death Deed Transfer on Death Revocation Transfer on Death Beneficiary Affidavit Personal Representative Deed Real Estate Affidavit Trustee Deed Certificate of Trust Mineral Deed Quitclaim Mineral Deed Mechanics Lien Preliminary Notice General Contractor Memorandum for Mechanics Lien Subcontractor Memorandum for Mechanics Lien Sub-subcontractor Memorandum for Mechanics Lien Conditional Lien Waiver on Partial Payment Unconditional Lien Waiver on Partial Payment Conditional Lien Waiver on Final Payment Unconditional Lien Waiver on Final Payment Disclaimer of Interest Memorandum of Lis Pendens

Important: County or Independent City-Specific Forms

Our corrective affidavit forms are specifically formatted for each county or independent city in Virginia.

After selecting your county or independent city, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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