(1) prohibit any other manner of correcting errors in any writings affecting title to real estate by any other lawful means such as corrective deeds, additional deeds to correct errors or modifications to mortgages or deeds of trust or Nothing contained in this section shall be deemed to:
(3) admissible as evidence 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.Į. (2) indexed by the county clerk in the general index under the names of the original parties to the instrument as they are identified in the affidavit and (1) recorded by the county clerk in the land records of the county in which the real property is located A scrivener's-error affidavit that substantially complies with this section as to form and execution shall be: (e) the correct information to be inserted or reflected in or the information to be removed from the original instrument.ĭ. (d) a brief description of each error in the original instrument that the affidavit is designed to correct and (c) the recording information, including the recording date and document, instrument or reception number, if available, of the original instrument (b) the names and capacities of all parties to the original instrument (a) the name of the person who or entity that prepared, completed or was associated with the original instrument (4) contain the following information concerning the original instrument being corrected: (3) conspicuously identify in its title that it is a "scrivener's affidavit" or "scrivener's-error affidavit" and (2) be sworn to and acknowledged by the affiant before a person authorized to administer an oath under New Mexico law (1) state that the affiant has actual knowledge of and is competent to testify to the facts in the affidavit and contain an acknowledgment that the affiant is testifying under the penalty of perjury (b) the licensed attorney who prepared the original instrument.
(a) a licensed attorney who represents a party to the original instrument or (4) for an error on any other writing affecting title to real estate: (b) the principal or grantor of the original instrument and (a) a licensed attorney who represents the principal or grantor of the original instrument or (3) for an error on a power of attorney or an easement: (b) a current employee of the mortgagee or beneficiary named in the form of the original instrument (a) a licensed attorney who represents the mortgagee or beneficiary named in the form of the original instrument or (2) for an error on a mortgage or deed of trust: (b) the employee of the title insurer or title insurance agent who completed the form of the original instrument, if still employed by that insurer or agent and if licensed under the New Mexico Title Insurance Law (a) the licensed attorney who prepared the original instrument or (1) 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: A scrivener's-error affidavit shall be executed by only the following: (8) the legal type or state of domicile of a corporation or other legal entity.ī. (7) a grantee's address, if omitted in a deed or
(6) a middle initial, if incorrect or missing (4) a metes and bounds description, if bearings or distances are omitted and as long as the correction does not add or remove land to the land being described (3) the recording information for a plat (1) a legal description, such as the omission of one or more words As used in this section, "scrivener's-error affidavit" means an affidavit to correct a drafting or clerical error in:
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