The 2026 'Scrivener’s Affidavit' Update: Fixing Errors Without Re-Signing
- Leo McKay
- Jan 12
- 3 min read
Closing on a home in Lake Nona or a commercial property in downtown Orlando is a major milestone, but finding a typo on your recorded deed months later can feel like a legal nightmare. Historically, fixing even a minor clerical error meant tracking down former owners and drafting expensive corrective deeds. However, under current 2026 regulations in Florida, the process has become significantly faster and more affordable. Thanks to recent legislative expansions, Orlando notaries are now empowered to help homeowners fix these 'scrivener’s errors' without the need for a total redo.
💡 Key Takeaways
Florida Statute § 689.041 allows for 'Curative Notices' to fix single clerical errors in deeds.
HB 1419 (2024/2025) reaching full adoption in 2026 allows Notaries to execute these affidavits as preparers.
Common fixes include missing witness addresses, marital status clarifications, and minor typos.
Using an affidavit can save Orlando homeowners between $500 and $1,500 in legal fees.
Documents must be recorded with the Orange County Comptroller and meet strict 3-inch margin requirements.
What is a Scrivener’s Affidavit?
Under Florida Statute § 689.041, a Scrivener’s Affidavit—often called a 'Curative Notice'—is a legal tool used to correct minor, unintentional errors in recorded real estate documents. Whether it is a transposed lot number in a legal description or a misspelled name, this statute allows these mistakes to be corrected without requiring the original grantors and grantees to re-sign a new deed. This is particularly useful if the original seller has moved away from Central Florida or is no longer cooperative.
Expanded Powers Under 2026 Regulations
Thanks to the full industry adoption of HB 1419, the role of the Notary Public has evolved. While traditionally only attorneys could fix significant errors, the law now facilitates Notaries Public (acting as the document preparer or title agent) to execute these affidavits for specific clerical omissions. This shift is a major trend for 2026, aimed at streamlining the Florida housing market and reducing the burden on the court system.
Common Errors Notaries Can Now Cure
⛔ Witness Addresses: A requirement from HB 1419 that frequently causes recording rejections; notaries can now cure missing witness addresses via affidavit.
⛔ Marital Status: Clarifying a party's status (e.g., 'a single man' vs. 'a married man') to ensure clear title vesting.
⛔ Clerical Typos: Minor misspellings in names or legal descriptions that do not change the actual ownership (vesting) of the property.
Local Recording with the Orange County Comptroller
In our local area, all Scrivener’s Affidavits must be recorded with the Orange County Comptroller, Phil Diamond, CPA, located at 109 E. Church St., Suite 300, Orlando, FL 32801.
When preparing these documents, it is vital to follow strict formatting requirements. Orange County requires a 3-inch top margin on the first page for the recording stamp. Failure to provide this, or missing the required two-witness signatures and notary acknowledgment, will result in an immediate rejection.
Cost and Time Efficiency
For a homeowner in Winter Park or Lake Nona, a traditional 'Corrective Deed' can be a logistical headache, often costing upwards of $1,500 in legal fees and weeks of delays. In contrast, a Scrivener’s Affidavit under § 689.041 can be executed by the notary/preparer alone, saving significant time and money. Recording fees for 2026 are estimated at $10.00 for the first page and $8.50 for each additional page.
Don't let a simple typo cloud your property title or stall a future sale. Found a typo in your recorded deed? Let us help you determine if a Scrivener’s Affidavit can fix it quickly without a total redo. Contact us today for expert Orlando Mobile or Remote Online Notary (RON) services to ensure your real estate documents are accurate and legally sound.
Comments