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Understanding Florida Affidavit of Correction

  1. What is the Florida Affidavit of Correction?

    The Florida Affidavit of Correction is a legal document used to correct errors in previously recorded documents, such as deeds or mortgages. This form allows individuals to officially address mistakes like typographical errors, incorrect legal descriptions, or other inaccuracies that could affect the validity of the document.

  2. Who can file an Affidavit of Correction in Florida?

    Typically, the person who executed the original document or their legal representative can file an Affidavit of Correction. This includes property owners, mortgage holders, or authorized agents. It’s important to ensure that the person filing has the legal authority to make corrections to the document in question.

  3. What information is required on the Affidavit of Correction?

    The form generally requires details such as the names of the parties involved, a description of the original document, the specific errors being corrected, and the correct information. Additionally, the affiant (the person making the affidavit) must provide a signature and date, often in the presence of a notary public.

  4. How do I file the Affidavit of Correction?

    To file the Affidavit of Correction, you must complete the form accurately. After that, it should be submitted to the appropriate county clerk’s office where the original document was recorded. Filing fees may apply, so it’s wise to check with the clerk’s office for specific instructions and any associated costs.

  5. Is a notary public required for the Affidavit of Correction?

    Yes, a notary public must witness the signing of the Affidavit of Correction. This adds a layer of authenticity to the document, ensuring that the affiant is who they claim to be and that they understand the content of the affidavit before signing.

  6. What happens after I file the Affidavit of Correction?

    Once filed, the Affidavit of Correction becomes part of the public record. It serves to clarify the original document and correct any inaccuracies. It’s advisable to keep a copy for your records and notify any relevant parties, such as lenders or title companies, about the correction to ensure that all records are updated accordingly.

Common mistakes

  1. Incomplete Information: Many individuals fail to provide all necessary details on the form. Missing signatures, dates, or required identification numbers can lead to delays or rejections.

  2. Incorrect Notarization: Some people overlook the importance of having the affidavit properly notarized. If the notary's signature or seal is missing, the document may not be considered valid.

  3. Using the Wrong Form: It’s common for individuals to use an outdated version of the affidavit. Always check for the most current form to avoid complications.

  4. Failure to Follow Instructions: Each section of the form has specific instructions. Not adhering to these can result in errors that invalidate the affidavit.

  5. Neglecting to Review: Rushing through the form without reviewing it can lead to simple mistakes. Always double-check for typos or incorrect information before submission.

  6. Missing Filing Fees: Some individuals forget that filing the affidavit may require a fee. Not including the correct payment can delay processing.

How to Use Florida Affidavit of Correction

After obtaining the Florida Affidavit of Correction form, it is essential to complete it accurately to ensure the correction is processed without issues. Follow the steps below to fill out the form correctly.

  1. Begin by entering the name of the person or entity making the correction at the top of the form.
  2. Provide the current address of the person or entity. Include the street address, city, state, and zip code.
  3. Clearly state the date when the original document was recorded.
  4. Identify the document that contains the error. Include the type of document and any relevant identification numbers.
  5. Detail the specific error that needs correction. Be concise and clear in your description.
  6. Provide the correct information that should replace the erroneous data.
  7. Sign and date the form in the designated area. Ensure that the signature matches the name provided at the top.
  8. Have the affidavit notarized by a licensed notary public. This step is necessary for the form to be valid.

Once the form is completed and notarized, it should be submitted to the appropriate recording office for processing. Ensure that you keep a copy for your records.

Form Specifications

Fact Name Details
Purpose The Florida Affidavit of Correction is used to correct clerical errors in public records.
Governing Law This form is governed by Florida Statutes, specifically Section 695.26.
Eligibility Anyone can file an Affidavit of Correction if they are correcting a mistake in a recorded document.
Common Errors Common errors include misspellings, incorrect legal descriptions, and wrong dates.
Filing Process The affidavit must be signed in front of a notary public and then recorded in the appropriate county office.
Fee A recording fee is typically required, which varies by county.
Impact on Title Correcting errors can help clarify property titles and prevent disputes.
Limitations The Affidavit of Correction cannot be used to change substantive rights or interests in the property.
↓ Affidavit of Correction PDF Form

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