An Alabama affidavit of correction is a sworn, notarized statement recorded with the probate judge in the county where the land sits, used to put the public record on notice of a clerical error in a previously recorded deed, mortgage, or similar instrument. The authority comes from Alabama Code § 35-4-69, which lets anyone record an affidavit stating a fact that affects title to land; once recorded, the affidavit itself becomes notice of what it says.1Justia Law. Alabama Code 35-4-69 – Affidavits – Record as Notice of Facts Recited; by Whom Made There is no official state form and no statute titled “affidavit of correction.” You draft the document yourself.
When an Affidavit Is the Right Fix
Use an affidavit for scrivener’s errors: the kinds of mistakes that creep in during document preparation and do not change the meaning of the transaction. A misspelled name, a wrong execution date, a transposed digit in a parcel number, or an incorrect book-and-page reference to a prior instrument all qualify. If the correction leaves the parties, the property, and the nature of the transfer the same as everyone intended, an affidavit is the right tool.
Common correctable errors include:
- Name misspellings, such as “John Doe” recorded instead of “Jon Doe”
- Wrong dates, such as an execution date of January 1 when the document was actually signed January 10
- Transposed numbers, such as a parcel ID of 12-34-56 recorded as 12-43-56
- Incorrect recording references citing the wrong book and page for a prior instrument
An affidavit will not fix an error that changes who owns the property, what property is involved, or the nature of the transaction. Adding or removing a grantee, changing the type of estate conveyed, or substantially redrawing a legal description requires a corrective deed signed by the original parties. If the parties cannot cooperate, the remedy is a civil action for reformation under Alabama Code §§ 35-4-150 through 35-4-153. Title examiners will reject an affidavit that attempts a substantive change, and recording it does not give it legal force the statute does not grant. When in doubt, treat the error as substantive and prepare a corrective deed instead.
What to Put in the Affidavit
The affidavit’s effectiveness depends on giving a future title examiner enough detail to understand exactly what went wrong and what the correct information is. At a minimum, include:
- The affiant’s full legal name and address, with a short statement of how the affiant knows the facts (for example, “I prepared the deed” or “I am the grantee named in the instrument”)
- A full reference to the original document: type of instrument, names of the parties, execution date, and the exact recording information from the probate office (book and page number or instrument number)
- Enough of the legal description to connect the affidavit to the correct parcel, even when the description itself is not what you are correcting
- A clear statement of the error, quoting or describing the specific mistake: for example, “The deed incorrectly states the grantor’s name as ‘John A. Smith’ in the granting clause”
- A clear statement of the correction: “The grantor’s correct legal name is ‘Jon A. Smith'”
- A sworn oath that the statements are true and correct to the affiant’s personal knowledge
Preparer Statement
Every recorded instrument affecting real property in Alabama must carry a printed, typewritten, or stamped statement showing the name and address of the person who prepared it. A probate judge will not accept the document without it.2Alabama Legislature. Alabama Code 35-4-110 – Instrument Not Recordable Unless Statement Endorsed on It If you filled in a template, you are the preparer. The statement usually sits at the top or bottom of the first page: “This instrument was prepared by [Name], [Address].”
Top-of-Page Margin
Most Alabama probate offices want a blank space of at least two and a half inches at the top of the first page for the recording stamp. Offices that receive a document without enough room may add a cover page and charge for it. Confirm the local requirement before filing.
Who Can Sign It
Section 35-4-69 is broad about who may sign. The affidavit “may be made by any person whether connected with the chain of title or not,” which means a closing attorney, title agent, surveyor, or anyone else with personal knowledge of the facts can be the affiant.1Justia Law. Alabama Code 35-4-69 – Affidavits – Record as Notice of Facts Recited; by Whom Made In practice, the person who prepared the original document or a party to the transaction usually signs, because they have the most direct knowledge of what went wrong.
Notarization
The affiant must sign before a notary public. Alabama requires the signature to be executed in the notary’s physical presence, after the notary confirms the signer’s identity through personal knowledge or a government-issued photo ID. Alabama also allows remote notarization through two-way audio-video communication, provided the notary is physically located in Alabama and keeps a recording of the session for seven years.3Alabama Legislature. Alabama Code 36-20-73.1 – Attestations; Remote Notarization The notary completes the certificate with signature and official seal.
Where to File and What It Costs
File the completed affidavit with the judge of probate in the county where the property is located. Alabama requires real property conveyances and related instruments to be recorded in that county.4Alabama Legislature. Alabama Code 35-4-62 – Locations for Recording Conveyances in Real Property
The base state recording fee is $3.00 per page under Alabama Code § 12-19-90.5Alabama Legislature. Alabama Code 12-19-90 – Judge of Probate The amount you actually pay at the counter runs higher, because counties layer additional charges on top through local acts, typically a recordation stamp fee and a special recording fee, and sometimes local document taxes. Call the probate office before you go to confirm the total and the payment methods they accept.
Once filed, the probate office indexes the affidavit in the public records so a future title searcher examining the original instrument will find the correction linked to it. That indexing is what makes the affidavit do its job.
Risks of Getting It Wrong
A sloppy affidavit creates its own problems. If the affidavit itself contains wrong information, it becomes another defective document in the chain of title and has to be corrected in turn. If it asserts false facts about ownership or boundaries, the owner whose title is affected can sue for slander of title. Alabama law gives “the owner of any estate in lands” a cause of action against “libelous or slanderous words falsely and maliciously impugning his title.”6Alabama Legislature. Alabama Code 6-5-211 – Slander of Title
Those claims require proof that the statement was both false and malicious, so a good-faith correction of a genuine typo generally will not expose the affiant to liability. The real risk is overreach: using an affidavit to make a change that should have been a corrective deed, or swearing to facts the affiant does not actually know firsthand. A canceled sale or a blocked refinance costs more than slowing down to prepare the right instrument.
When a Corrective Deed or Court Action Is Better
If the original parties are available and willing to cooperate, a corrective deed is almost always the cleaner fix, even for a small error. Title companies tend to prefer corrective deeds because they carry the same execution formalities as the original instrument. An affidavit is most useful when re-executing a deed is impractical: the original grantor has died, moved out of state, or will not respond.
For errors in the legal description that affect boundaries or acreage, the proper path is a civil action for reformation under §§ 35-4-150 through 35-4-153. That process requires filing suit and obtaining a court decree correcting the description. It is slower and costlier than an affidavit, but it is the only route when the boundaries themselves are in dispute.