Q: The Correction Affidavit of Death of Life Tenant signed by a remainderman was recorded.
I'm confident that the Correction Affidavit of Death of Life Tenant (CADLT) is correct in all respects, and it was recorded on 12-15-23 in California. The Legal Document Assistant (LDA) who prepared the CADLT is also a California notary. He e-uploaded the CADLT along with a scanned certified death certificate and electronically recorded them (5 pages) with a Bay Area County. A jurat notary statement, stamped and signed by the notary, was used with the CADLT. After a Doc. no. was assigned and after more of my research , the typed jurat notary statement was missing the words "who appeared", as in .... on the basis of satisfactory evidence to be the person(s) "who appeared" before me. All other aspects of the statement are correct. I'm waiting for the LDA to contact the County on this matter. Since the County reviewed, then recorded the CADLT along with the jurat statement, I'm inclined to leave things alone. If correction is required for the jurat statement, what are my options?
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A:
Under California law, the accuracy of notarial language in legal documents like the Correction Affidavit of Death of Life Tenant (CADLT) is important. If the jurat statement on the CADLT is missing critical words such as "who appeared," it could potentially affect the document's validity or be challenged in the future.
Since the document has already been recorded, you have a few options. First, it's appropriate to wait for the Legal Document Assistant (LDA) to contact the county regarding this issue, as they prepared the document. They may be able to advise on the best course of action and whether a correction is necessary.
If a correction is needed, one common approach is to file a corrected affidavit with the correct jurat statement. This would involve preparing a new document with the correct wording, having it notarized again, and then recording it with the county. This corrected affidavit would reference the original recording and explicitly correct the error.
It's also a good idea to consult with a lawyer to discuss the specifics of your case. They can provide tailored advice on whether a correction is necessary and guide you through the process of making any required amendments. Remember, each case is unique and legal advice should be specific to your situation.
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