Scrivener's Affidavit (MA)

by Practical Law Real Estate

A Standard Document that provides a model scrivener's affidavit for use in Massachusetts to clarify the chain of title to recorded land. Commonly known as a "5B Affidavit" or "attorney affidavit," this instrument is used to correct a non-substantive error or omission in a previously recorded document, such as a deed or mortgage. This Standard Document is drafted to comply with the requirements of M.G.L. c. 183, §5B, which governs the use and content of these affidavits. It highlights the distinction between non-substantive errors that can be cured and substantive errors that cannot, referencing the key holding in Bank of America v. Casey, 52 N.E.3d 1030 (Mass. 2016). This resource provides practical drafting guidance, including optional language for different types of affiants, jurat forms for both in-person and remote online notarization under M.G.L. c. 222, § 28, and the necessary attorney certification. It serves as a crucial tool for real estate professionals seeking to efficiently resolve minor title defects. This Standard Document contains integrated notes with important explanations and drafting tips.