Effective July 1, 2022, Section 89-5-8 of the Mississippi Code has been amended to add more specificity to the process of filing an affidavit of a scrivener’s affidavit.

The statute previously read, in part:

The affidavit of scrivener's error shall be executed and acknowledged by the affiant and verified upon oath or affirmation before a notarial officer, and shall be recordable in the land records in the office of the chancery clerk in the county where the real estate is situated.

The amendment adds the following additional requirements:

The affidavit shall recite:

(i) the name and Mississippi bar number of the affiant attorney,

(ii) the instrument containing clerical error, and

(iii) a statement that the affiant is in good standing with The Mississippi Bar, is licensed to practice law in the State of Mississippi, and that his or her license is active at the time of verification or affirmation.

Any affidavit of scrivener's error recorded that is not executed by an attorney licensed to practice law in the State of Mississippi, and who prepared any document in the chain of title to the subject real property, regardless of the date of recording shall be void.



S. Craig Panter

Panter Law Firm, PLLC

601-607-3156

www.craigpanterlaw.com