Santa Clara County Deed Corrective Affidavit Form (California)
All Santa Clara County specific forms and documents listed below are included in your immediate download package:
Corrective Affidavit for Minor Correction Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Santa Clara County compliant document last validated/updated 8/22/2024
Corrective Affidavit Guide
Line by line guide explaining every blank on the form.
Included Santa Clara County compliant document last validated/updated 9/16/2024
Completed Example of the Corrective Affidavit Document
Example of a properly completed form for reference.
Included Santa Clara County compliant document last validated/updated 8/7/2024
The following California and Santa Clara County supplemental forms are included as a courtesy with your order:
When using these Deed Corrective Affidavit forms, the subject real estate must be physically located in Santa Clara County. The executed documents should then be recorded in the following office:
County Clerk-Recorder
110 West Tasman Drive (ATTN: Recording-First floor), San Jose, California 95134
Hours: 8:00 a.m. to 4:30 p.m
Phone: (408) 299-5688
Local jurisdictions located in Santa Clara County include:
- Alviso
- Campbell
- Coyote
- Cupertino
- Gilroy
- Holy City
- Los Altos
- Los Gatos
- Milpitas
- Morgan Hill
- Mount Hamilton
- Mountain View
- New Almaden
- Palo Alto
- Redwood Estates
- San Jose
- San Martin
- Santa Clara
- Saratoga
- Stanford
- Sunnyvale
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Santa Clara County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Santa Clara County using our eRecording service.
Are these forms guaranteed to be recordable in Santa Clara County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Santa Clara County including margin requirements, content requirements, font and font size requirements.
Can the Deed Corrective Affidavit forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Santa Clara County that you need to transfer you would only need to order our forms once for all of your properties in Santa Clara County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or Santa Clara County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Santa Clara County Deed Corrective Affidavit forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Corrective Affidavits in California
Typically, any rerecorded document must be resigned and acknowledged as a new document. However, an erroneous document will not be recorded as a new document if it is presented with a corrective affidavit (Cal. Gov. Code 27201.). A corrective affidavit is a statutory device under Cal. Gov. Code 27201, used to correct a minor error in a document that has been recorded at an earlier date.
Minor errors are those that, when corrected, cause no actual change in the substance of the document. Section 27201 of the Government Code states that a corrective affidavit can only be used to correct the following: an incorrect or missing return address; a clarification of illegible text; an incorrect or missing printed or typed name near the signature; or an incorrect or missing documentary transfer tax amount due.
More extensive corrections to recorded documents typically require a new deed. Adding or removing a grantee, for example, or making material changes to the legal description, may all require a new document of conveyance. When in doubt about the appropriate vehicle to address the error, consult with a lawyer.
A correction deed is exempt from transfer tax because no transfer is being made, and no consideration is exchanged (Cal. Rev. and Tax. Code 11911). Some counties demand a documentary transfer tax affidavit stating the reason for the exemption, to be filed in addition to the other documents being recorded, so check the county recorder's website to confirm any local requirements.
For the correction to be valid, the affidavit must be attached to the original recorded document with a cover sheet complying with Cal. Gov. Code 27361.6, stating the reason for rerecording on the cover sheet, by the person who submitted the original document for recording (Cal. Gov. Code 27201.).
The affidavit itself must include the information corrected, be certified by the party submitting the affidavit under penalty of perjury, and be acknowledged pursuant to Cal. Gov. Code 27287. The affidavit can be acknowledged by any one of the officials listed in Cal. Civ. Code 1181. Finally, the form must meet all state and local standards for recorded documents. Submit the completed affidavit, along with any necessary supporting materials, to the local recording office to correct and update the public data.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about corrective affidavits, or for any other issues related to real property in California.
(California Correction Deed Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Santa Clara County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Santa Clara County Deed Corrective Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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June 6th, 2021
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July 15th, 2021
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