Smyth County Corrective Affidavit Form (Virginia)

The following Virginia and Smyth County supplemental forms are included as a courtesy with your order:

When using these Corrective Affidavit forms, the subject real estate must be physically located in Smyth County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Smyth County include:

• Atkins
• Chilhowie
• Marion
• Saltville
• Sugar Grove

A corrective affidavit under Va. Code Section 55.1-609 is a statutory form for correcting an obvious description error in a recorded deed, deed of trust, or mortgage. Note that the affidavit must be executed by an attorney licensed by the Virginia State Bar.

The statutes classify an "obvious description error" as an error transcribing courses and distances; an error incorporating a recorded plat or deed reference; an error in lot number or designation; or an omitted exhibit supplying the legal description of the subject parcel.

The contents of a statutory corrective affidavit include the original grantor's and grantee's names and the place where the original deed was recorded. It includes both the property description containing the error and the corrected property description. The affidavit is signed by a Virginia attorney and notarized.

Prior to recording the affidavit, the attorney delivers a copy to all parties to the deed, deed of trust, or mortgage containing the error and to the title insurance company, if applicable, and gives notice of intent to record the affidavit. If no objection is received within 30 days of receipt of notice, the attorney may record the affidavit. The affidavit should include a copy of the notice sent to the parties and a statement that no objection was received.

In addition to meeting the requirements set forth at 55.1-609, the affidavit must comply with recording standards for documents in the Commonwealth of Virginia. Record the affidavit in the Circuit Court Clerk's office of the county or independent city where the parcel described within the affidavit is situated.

This is a form for an attorney's use only. Contact a Virginia attorney if you think you need this form, or to address your specific situation.

(Virginia CA Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Smyth County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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