Scrivenrer's Exception/Error

The Scrivener’s Exception (sometimes referred to as a Scrivener’s Error) is a legal principle that allows courts or parties to correct clerical or drafting mistakes in a legal document so that the document accurately reflects the original intent of the parties involved. In real estate, probate, or contract law, this doctrine is especially important because a small drafting error—such as a typo in a property’s legal description, a misspelled name, or a misplaced word—can create disputes or even cloud a title.

The “exception” refers to the fact that while courts typically interpret written agreements strictly as written, they will make an exception in cases where it is clear that an error was purely clerical and does not reflect the actual agreement or intent.

Common Applications of the Scrivener Exception

1. Real Estate Deeds

   • If a deed contains a minor mistake in the legal description (such as a wrong lot number or transposed digit in a parcel ID), the scrivener’s exception allows correction without invalidating the deed.
     
     

2. Mortgages and Loan Documents

   • Errors in mortgage terms or borrower information may be corrected if evidence shows the mistake was clerical, not intentional or substantive.
     
     

3. Wills and Trusts

   • Courts may correct typos or misstatements in testamentary documents when clear evidence shows the testator’s true intent.
     
     

4. Contracts

   • If a contract contains a drafting mistake that both parties clearly did not intend, the scrivener’s exception can be used to reform the document.
     
     

Limitations of the Scrivener Exception

• Proof of Intent: Courts require clear and convincing evidence of the original intent before correcting a document.

• Clerical vs. Substantive Errors: Only minor, clerical, or typographical errors qualify. Substantive changes (e.g., altering contract terms or ownership percentages) cannot be made under this doctrine.

• Judicial Discretion: Ultimately, whether an error qualifies is up to the court’s discretion.

Importance in Title and Notary Work

For title companies, escrow agents, and notaries, understanding the scrivener’s exception is crucial because:

• Title insurers often rely on this principle to issue coverage when a deed contains small errors.

• Notaries may encounter corrective deeds or affidavits that are drafted under the scrivener’s exception to clarify mistakes.

• Legal document preparers often draft Corrective Deeds to address scrivener’s errors, explicitly citing that the correction does not alter the parties’ intent.
  
  

Noble Notary Signing Service Agency and Scrivener’s Exceptions

At Noble Notary Signing Service Agency, we frequently assist with document preparation and notarization related to corrective deeds, affidavits, and other instruments where scrivener’s errors are being fixed. Our role is to ensure these corrections are executed properly, notarized in compliance with Florida law, and recorded correctly with the county clerk.

Through Notary Prosperity Academy, we also train notaries and document preparers on how to identify and handle scrivener’s exceptions in real estate and probate work, giving them confidence to support clients when errors are discovered.

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