| I agree with the scrivener error affidavit post. If a defect in a document is found in a title search, an attorney might be asked to give an opinion of title in a later transaction and may set out the defect in his opinion of title. It was more common when abstracts were relied upon as evidence of title. The attorney would draft a scrivener's error affidavit, find the person who signed the document (in this case the acknowledgment), have that person sign and swear in an affidavit which explained the defect, then record the affidavit with a legal description of the property with a reference to the original document. The affidavit would then appear in the chain of title. This does not cure the defect, but will allow title to pass without objection. The only way to cure this defect would be to have the original signers appear before a notary and acknowledge their signature on the original document with a new notarial date, as stated in the previous posts. |
