A Massachusetts affidavit of correction is a sworn, notarized statement used to fix a clerical error on a recorded document — a deed, a vehicle title, or a business filing — without going to court. You identify the original record, state the exact error, give the correct information, and file the affidavit with the same office that holds the original. For real estate records, Massachusetts adds a requirement most filers don’t expect: a Massachusetts attorney must certify that the corrected facts are relevant to the property’s title.1General Court of Massachusetts. Massachusetts General Laws Chapter 183 – Section 5B
What the Affidavit Can Fix
The most common use is a deed. Misspelled names, wrong property descriptions, incorrect lot or parcel numbers, and transposed book-and-page references all qualify. Even a small typo in a grantee’s name can cloud title and stall a future sale or refinance, and the affidavit puts the correct information on record at the Registry of Deeds where the original deed was filed.1General Court of Massachusetts. Massachusetts General Laws Chapter 183 – Section 5B
Vehicle titles are the next most common. The Registry of Motor Vehicles has a title amendment process for correcting owner names, addresses, lienholder details, and VIN entries. Errors in any of these fields can block a sale or transfer.2Mass.gov. Change Information on Your Vehicle Title
Business filings can be corrected too. A domestic or foreign corporation may file articles of correction with the Secretary of the Commonwealth’s Corporations Division if the original document contains a typographical error, an incorrect statement, or was improperly executed. The articles must describe the original document, identify the specific error, and state the correction.3General Court of Massachusetts. Massachusetts General Laws Chapter 156D – Section 1.24
When It Won’t Work
An affidavit of correction is for clerical and scrivener’s errors, not substantive changes. If the mistake actually affects someone’s legal rights, you’ll need a corrective deed signed by the original parties or a court order instead. Changing who owns the property, adding or removing a grantee, or altering boundaries are not corrections; they are new legal acts and require a new instrument.
Registered land is a separate track. Registered (Torrens) land is administered through the Land Court, and correcting the registration book follows a different procedure. Some administrative corrections of clerical errors can be handled without a full court filing, but any change that would affect substantive rights requires a complaint subsequent to registration under Chapter 185.4Mass.gov. Memo: Amendment of Section 114 Under Chapter 185 of the General Laws Errors on deeds, mortgages, or other instruments affecting registered land that don’t appear in the registration book itself still require a court order. If you’re not sure whether your property is recorded or registered, the Registry of Deeds in your county can tell you.
For business filings, the same logic applies. Articles of correction fix typos, incorrect statements, and defective execution. They cannot change the effective date of the original filing or make alterations beyond what the original document intended.3General Court of Massachusetts. Massachusetts General Laws Chapter 156D – Section 1.24
What Has To Be on the Affidavit
Identify the original document clearly. For real estate, that means the document’s title, date of recording, and the book and page number (or document number) from the Registry of Deeds. For a vehicle title, use the title number and VIN. For a business filing, use the entity name and the filing date of the original document.
State the exact error and the exact correction, side by side. Vague descriptions like “the name was wrong” don’t work. If a deed misspelled a grantee’s name as “Johanson” when it should have been “Johansson,” both versions have to appear so there is no ambiguity about what changed.
The signer must attest that the correction reflects the original intent of the parties and does not introduce false information. The RMV’s notarized affidavit form requires the signer to state, under penalties of perjury, that the correction addresses a genuine error on the title assignment or application.5Mass.gov. Notarized Affidavit for Correction Attach supporting documents where you have them: the original contract, a government-issued ID, or other evidence of the correct information.
The Attorney Certificate for Real Estate
This is the step that catches most people off guard. Under Chapter 183, Section 5B, an affidavit filed to correct or clarify a real estate title must include a certificate from a Massachusetts attorney stating that the facts in the affidavit are relevant to the land’s title and will help clarify the chain of title.1General Court of Massachusetts. Massachusetts General Laws Chapter 183 – Section 5B The affidavit itself must come from someone with personal knowledge of the facts — usually the attorney who drafted the original deed, the closing agent, or one of the parties.
Without the certificate, the Registry of Deeds will likely reject the filing. You cannot handle a real estate affidavit of correction entirely on your own; even a straightforward name correction needs a lawyer to review the facts and attach the certification. This requirement does not apply to vehicle titles or business filings.
Notarization
Every affidavit of correction has to be notarized before filing. You must sign in front of the notary. Massachusetts law prohibits a notary from performing a notarial act if the principal is not physically present at the time of notarization.6General Court of Massachusetts. Massachusetts General Laws Chapter 222 – Section 16 Bring a valid photo ID such as a Massachusetts driver’s license or a U.S. passport.
The notary administers an oath or affirmation, and you swear the contents are true. That is the moment the document becomes a sworn statement, which is why false information carries perjury consequences. If more than one person has to sign — co-owners on a deed correction, for example — each signer has to appear before a notary, though they don’t all need to use the same one.
Massachusetts does not cap notary fees for acknowledgments or oaths on documents like affidavits. The fee statute in Chapter 262, Section 41 only caps fees for protesting bills of exchange and promissory notes.7General Court of Massachusetts. Massachusetts General Laws Chapter 262 – Section 41 Most notaries charge a modest fee per signature. Ask before you sit down.
Where To File and What It Costs
Real Estate
File with the Registry of Deeds in the county where the property is located. Some registries accept electronic submissions; others want the original by mail or in person. A certified copy of the original deed is often requested alongside the affidavit. The affidavit must include the Section 5B attorney certificate or the registry will send it back.1General Court of Massachusetts. Massachusetts General Laws Chapter 183 – Section 5B
The recording fee for an affidavit at a Massachusetts Registry of Deeds is $105, which covers all surcharges. That is the “all other documents” rate on the statewide fee schedule.8Secretary of the Commonwealth of Massachusetts. Registry of Deeds Fee Schedule A certified copy of the corrected record costs $1 per page on top of that.
Vehicle Titles
Submit a completed title amendment form along with the original certificate of title and any supporting documents to the RMV Title Division in Boston. All owners listed on the title must sign the amendment form. The title amendment fee is $25.9Mass.gov. RMV Schedule of Fees The RMV mails the amended title within 10 to 14 business days. If a lienholder is on the title, the corrected version goes to the lienholder rather than to you.2Mass.gov. Change Information on Your Vehicle Title Corrections that use a notarized affidavit rather than or in addition to the amendment form have to be brought, with the original title, to an RMV Service Center in person.5Mass.gov. Notarized Affidavit for Correction
Business Filings
Articles of correction for Massachusetts corporations go to the Corporations Division of the Secretary of the Commonwealth.10Secretary of the Commonwealth of Massachusetts. Domestic Corporation Forms The articles have to describe the original document and its filing date, identify the error, and provide the correction. Once filed, the correction is effective as of the original document’s date, except as to anyone who relied on the uncorrected version and would be harmed by the change; for them, it takes effect on the date of the correction filing.3General Court of Massachusetts. Massachusetts General Laws Chapter 156D – Section 1.24
Common Reasons Filings Get Rejected
The single most common reason is a bad reference to the original document. For real estate, an incorrect book and page number means the registry cannot locate the record you are trying to correct, and the affidavit comes back. For vehicle title amendments, a wrong VIN or missing title number stalls processing at the RMV. Check these reference numbers against the original before filing.
Notarization problems are next. If the notary’s commission was expired when they signed, or the seal is missing or illegible, the affidavit is invalid and you start over. Signatures matter the same way: every required party has to sign. If a deed has two grantees and only one signs the correction affidavit, the registry will reject it. For business corrections, all authorized officers or agents may need to execute the filing depending on the entity’s governance structure.
For real estate, forgetting the Section 5B attorney certificate is an easy way to waste a trip to the registry. A notarized affidavit alone is not enough; the attorney’s certification that the facts relate to the property’s title has to be part of the document.1General Court of Massachusetts. Massachusetts General Laws Chapter 183 – Section 5B
Penalties for False Statements
Because the affidavit is sworn under oath, knowingly including false information is perjury under Chapter 268, Section 1. The penalties reach up to 20 years in state prison, or up to two and a half years in county jail, or a fine of up to $1,000, or both the fine and county jail time.11General Court of Massachusetts. Massachusetts General Laws Chapter 268 – Section 1 The state prison track is for the most egregious cases; the county jail and fine combination is more typical for a first offense.
Fraudulent corrections carry exposure beyond perjury. Falsifying a deed correction to take ownership of property could support charges of larceny or fraudulent conveyance under Chapter 266, Section 30.12General Court of Massachusetts. Massachusetts General Laws Chapter 266 – Section 30 A deceptive affidavit to the RMV to change title ownership could result in criminal charges and license suspension. Even unintentional errors, if they cause financial harm to a third party, can support civil liability for damages. The safest path is to have an attorney review any correction before you sign and file it.