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AR SB1137
Bill
Status
4/10/2013
Primary Sponsor
Robert Thompson
Click for details
AI Summary
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Amends Arkansas Code Title 18, Chapter 12, Subchapter 1 to create a new section 18-12-108 establishing scrivener's affidavits as a legal mechanism to correct errors in real property documents.
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Defines scrivener's affidavit as a sworn and acknowledged affidavit that corrects errors relating to person identification, marital status, heirship, death, corporate/entity identification, or legal property descriptions in real property instruments.
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Authorizes licensed attorneys who prepared or represent parties to original instruments, parties who prepared the instrument themselves, or title company employees to execute and record scrivener's affidavits.
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Requires scrivener's affidavits to be sworn before an authorized oath administrator, conspicuously titled, and contain the original preparer's name, all party names, recording information, and a description of each error being corrected; provides a standard form template.
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Mandates county recorders to record scrivener's affidavits in land records and index them under original party names; makes compliant affidavits admissible as evidence with the same effect as recorded deeds; provides that notice of corrections is effective when the affidavit is recorded, or when the original instrument was recorded if the error is obviously nature, except this does not apply to bona fide purchasers for value.
Legislative Description
To Regulate Documents Concerning Real Property; To Allow Scrivener's Affidavits To Correct Errors In Instruments Affecting Real Property.
Last Action
Notification that SB1137 is now Act 1045
4/10/2013