{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-609.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-609.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-609.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-609.html"}],"law_id":86981,"edition_id":1,"section_id":86981,"structure_id":14286,"section_number":"55.1-609","catch_line":"Correcting errors in deeds, deeds of trust, and mortgages; affidavit","history":"2014, c. 523, \u00a7 55-109.2; 2019, c. 712.","full_text":"A\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t“Attorney” means any person licensed as an attorney in Virginia by the Virginia State Bar.\n\t\t\t“Corrective affidavit” means an affidavit of an attorney correcting an obvious description error.\n\t\t\t“Obvious description error” means an error in a real property parcel description contained in a recorded deed, deed of trust, or mortgage where (i) such parcel is identified and shown as a separate parcel on a recorded subdivision plat; (ii) such error is apparent by reference to other information on the face of such deed, deed of trust, or mortgage or on an attachment to such deed, deed of trust, or mortgage or by reference to other instruments in the chain of title for the property conveyed thereby; and (iii) such deed, deed of trust, or mortgage recites elsewhere the parcel’s correct address or tax map identification number. An “obvious description error” includes (a) an error transcribing courses and distances, including the omission of one or more lines of courses and distances or the omission of angles and compass directions; (b) an error incorporating an incorrect recorded plat or a deed reference; (c) an error in a lot number or designation; or (d) an omitted exhibit supplying the legal description of the real property thereby conveyed. An “obvious description error” does not include (1) missing or improper signatures or acknowledgments or (2) any designation of the type of tenancy by which the property is owned or whether or not a right of survivorship exists.\n\t\t\t“Recorded subdivision plat” means a plat that has been prepared by a land surveyor licensed pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 and recorded in the clerk’s office of the circuit court for the jurisdiction where the property is located.\n\t\t\t“Title insurance company” has the same meaning as set forth in § 38.2-4601, provided that the title insurance company issued a policy of title insurance for the transaction in which the deed, deed of trust, or mortgage needing correction was recorded.B\n\nObvious description errors in a recorded deed, deed of trust, or mortgage purporting to convey or transfer an interest in real property may be corrected by recording an affidavit in the land records of the circuit court for the jurisdiction where the property is located or where the deed, deed of trust, or mortgage needing correction was recorded. No correction of an obvious description error shall be inconsistent with the description of the property in any recorded subdivision plat.C\n\nPrior to recording a corrective affidavit, the attorney seeking to record the affidavit shall deliver a copy of the affidavit to all parties to the deed, deed of trust, or mortgage, including the current owner of the property; to the attorney who prepared the deed, deed of trust, or mortgage, if known and if possible; and to the title insurance company, if known, and give notice of the intent to record the affidavit and of each party’s right to object to the affidavit. For an affidavit to correct an obvious description error in a deed as described in clause (a) of the definition of “obvious description error” in subsection A, notice and a copy of the affidavit shall also be provided to any owner of property adjoining a line to be corrected. The notice and a copy of the affidavit shall be delivered by personal service, sent by certified mail, return receipt requested, or delivered by a commercial overnight delivery service or the United States Postal Service, and a receipt obtained, to the last known address of each party to the deed, deed of trust, or mortgage to be corrected that (i) is contained in the land book maintained pursuant to § 58.1-3301 by the jurisdiction where the property is located and where the deed, deed of trust, or mortgage needing correction was recorded; (ii) is contained in the deed, deed of trust, or mortgage needing correction; (iii) has been provided to the attorney as a forwarding address; or (iv) has been established with reasonable certainty by other means, and to all other persons and entities to whom notice is required to be given. The notice and a copy of the affidavit shall be sent to the property address for the real property conveyed by the deed, deed of trust, or mortgage needing correction. If a locality is a party to the deed, deed of trust, or mortgage, the notice and a copy of the affidavit required by this subsection shall be sent to the county, city, or town attorney for the locality, if any, and if there is no such attorney, then to the chief executive for the locality. For the purposes of this section, the term “party” includes any locality that is a signatory. If the Commonwealth is a party to the deed, deed of trust, or mortgage, the notice and a copy of the affidavit required by this subsection shall be sent to the Attorney General and to the director, chief executive officer, or head of the state agency or chairman of the board of the state entity in possession or that had possession of the property.D\n\nIf, within 30 days after personal service or receiving confirmation of delivery of the notice and a copy of the affidavit (i) to all parties to the deed, deed of trust, or mortgage, including the current owner of the property; (ii) to the attorney who prepared the deed, deed of trust, or mortgage, if known and if possible; (iii) to the title insurance company, if known; and (iv) to the adjoining property owners, if necessary, pursuant to subsection C, no written objection is received from any party disputing the facts recited in the affidavit or objecting to its recordation, the corrective affidavit may be recorded by the attorney, and all parties to the deed, deed of trust, or mortgage shall be bound by the terms of the affidavit. The corrective affidavit shall contain (a) a statement that no objection was received from any party within the period and (b) a copy of the notice sent to the parties. The notice shall contain the attorney’s Virginia State Bar number. The corrective affidavit shall be notarized.E\n\nA corrective affidavit that is recorded pursuant to this section operates as a correction of the deed, deed of trust, or mortgage and relates back to the date of the original recordation of the deed, deed of trust, or mortgage as if the deed, deed of trust, or mortgage was correct when first recorded. A title insurance company, upon request, shall issue an endorsement to reflect the corrections made by the corrective affidavit and shall deliver a copy of the endorsement to all parties to the policy who can be found.F\n\nThe clerk shall record the corrective affidavit in the deed book and, notwithstanding their designation in the deed, deed of trust, or mortgage needing correction, index the affidavit in the names of the parties to the deed, deed of trust, or mortgage as grantors and grantees as set forth in the affidavit. The costs associated with the recording of a corrective affidavit pursuant to this section shall be paid by the party that records the corrective affidavit. An affidavit recorded in compliance with this section shall be prima facie evidence of the facts stated in such affidavit. Any person who wrongfully or erroneously records a corrective affidavit is liable for actual damages sustained by any party due to such recordation, including reasonable attorney fees and costs.G\n\nThe remedies under this section are not exclusive and do not abrogate any right or remedy under the laws of the Commonwealth other than this section.H\n\nAn affidavit under this section may be made in the following form, or to the same effect:\n\t\t\tCorrective Affidavit\n\t\t\tThis Affidavit, prepared pursuant to Virginia Code \u00a7 55.1-609, shall be indexed in the names of ________(grantor) and ________ (grantee), whose addresses are ________. The undersigned affiant, being first duly sworn, deposes and states as follows:1\n\nThat the affiant is a Virginia attorney.2\n\nThat the deed, deed of trust, or mortgage needing correction was made in connection with a real estate transaction in which ________ purchased real estate from ________, as shown in a deed recorded in the Clerk’s Office of the Circuit Court of ________, in Deed Book ____, Page ____, or as Instrument Number ____; or in which real estate was encumbered, as shown in a deed recorded in the Clerk’s Office of the Circuit Court of ________, in Deed Book ____, Page ____, or as Instrument Number ____.3\n\nThat the property description in the aforementioned deed, deed of trust, or mortgage contains an obvious description error.4\n\nThat the property description containing the obvious description error reads:\n\t\t\t\t________________\n\t\t\t\t________________.5\n\nThat the correct property description should read:\n\t\t\t\t________________\n\t\t\t\t________________.6\n\nThat this affidavit is given pursuant to § 55.1-609 of the Code of Virginia to correct the property description in the aforementioned deed, deed of trust, or mortgage and such description shall be as stated in paragraph 5 above upon recordation of this affidavit in the Circuit Court of ________.7\n\nThat notice of the intent to record this corrective affidavit and a copy of this affidavit was delivered to all parties to the deed, deed of trust, or mortgage being corrected pursuant to § 55.1-609 of the Code of Virginia and that no objection to the recordation of this affidavit was received within the applicable period of time as set forth in § 55.1-609 of the Code of Virginia.\n\t\t\t\t________________\n\t\t\t\t(Name of attorney)\n\t\t\t\t________________\n\t\t\t\t(Signature of attorney)\n\t\t\t\t________________\n\t\t\t\t(Address of attorney)\n\t\t\t\t________________\n\t\t\t\t(Telephone number of attorney)\n\t\t\t\t________________\n\t\t\t\t(Bar number of attorney)\n\t\t\t\tThe foregoing affidavit was acknowledged before me\n\t\t\t\tThis ______ day of ______, 20__, by\n\t\t\t\t________________\n\t\t\t\tNotary Public\n\t\t\t\tMy Commission expires ________.\n\t\t\t\tNotary Registration Number: ________.I\n\nNotice under this section may be made in the following form, or to the same effect:\n\t\t\tNotice of Intent to Correct an Obvious Description Error\n\t\t\tNotice is hereby given to you concerning the deed, deed of trust, or mortgage described in the corrective affidavit, a copy of which is attached to this notice, as follows:1\n\nThe attorney identified below has discovered or has been advised of an obvious description error in the deed, deed of trust, or mortgage recorded as part of your real estate settlement. The error is described in the attached affidavit.2\n\nThe undersigned will record an affidavit to correct such error unless the undersigned receives a written objection disputing the facts recited in the affidavit or objecting to the recordation of the affidavit. Your objections must be sent within 30 days of receipt of this notice to the following address:\n\t\t\t\t________________\n\t\t\t\t(Address)\n\t\t\t\t________________\n\t\t\t\t(Name of attorney)\n\t\t\t\t________________\n\t\t\t\t(Signature of attorney)\n\t\t\t\t________________\n\t\t\t\t(Address of attorney)\n\t\t\t\t________________\n\t\t\t\t(Telephone number of attorney)\n\t\t\t\t________________\n\t\t\t\t(Bar number of attorney)","order_by":null,"text":{"0":{"id":311447,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t“Attorney” means any person licensed as an attorney in Virginia by the Virginia State Bar.\n\t\t\t“Corrective affidavit” means an affidavit of an attorney correcting an obvious description error.\n\t\t\t“Obvious description error” means an error in a real property parcel description contained in a recorded deed, deed of trust, or mortgage where (i) such parcel is identified and shown as a separate parcel on a recorded subdivision plat; (ii) such error is apparent by reference to other information on the face of such deed, deed of trust, or mortgage or on an attachment to such deed, deed of trust, or mortgage or by reference to other instruments in the chain of title for the property conveyed thereby; and (iii) such deed, deed of trust, or mortgage recites elsewhere the parcel’s correct address or tax map identification number. An “obvious description error” includes (a) an error transcribing courses and distances, including the omission of one or more lines of courses and distances or the omission of angles and compass directions; (b) an error incorporating an incorrect recorded plat or a deed reference; (c) an error in a lot number or designation; or (d) an omitted exhibit supplying the legal description of the real property thereby conveyed. An “obvious description error” does not include (1) missing or improper signatures or acknowledgments or (2) any designation of the type of tenancy by which the property is owned or whether or not a right of survivorship exists.\n\t\t\t“Recorded subdivision plat” means a plat that has been prepared by a land surveyor licensed pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 and recorded in the clerk’s office of the circuit court for the jurisdiction where the property is located.\n\t\t\t“Title insurance company” has the same meaning as set forth in § 38.2-4601, provided that the title insurance company issued a policy of title insurance for the transaction in which the deed, deed of trust, or mortgage needing correction was recorded.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311448,"text":"Obvious description errors in a recorded deed, deed of trust, or mortgage purporting to convey or transfer an interest in real property may be corrected by recording an affidavit in the land records of the circuit court for the jurisdiction where the property is located or where the deed, deed of trust, or mortgage needing correction was recorded. No correction of an obvious description error shall be inconsistent with the description of the property in any recorded subdivision plat.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311449,"text":"Prior to recording a corrective affidavit, the attorney seeking to record the affidavit shall deliver a copy of the affidavit to all parties to the deed, deed of trust, or mortgage, including the current owner of the property; to the attorney who prepared the deed, deed of trust, or mortgage, if known and if possible; and to the title insurance company, if known, and give notice of the intent to record the affidavit and of each party’s right to object to the affidavit. For an affidavit to correct an obvious description error in a deed as described in clause (a) of the definition of “obvious description error” in subsection A, notice and a copy of the affidavit shall also be provided to any owner of property adjoining a line to be corrected. The notice and a copy of the affidavit shall be delivered by personal service, sent by certified mail, return receipt requested, or delivered by a commercial overnight delivery service or the United States Postal Service, and a receipt obtained, to the last known address of each party to the deed, deed of trust, or mortgage to be corrected that (i) is contained in the land book maintained pursuant to § 58.1-3301 by the jurisdiction where the property is located and where the deed, deed of trust, or mortgage needing correction was recorded; (ii) is contained in the deed, deed of trust, or mortgage needing correction; (iii) has been provided to the attorney as a forwarding address; or (iv) has been established with reasonable certainty by other means, and to all other persons and entities to whom notice is required to be given. The notice and a copy of the affidavit shall be sent to the property address for the real property conveyed by the deed, deed of trust, or mortgage needing correction. If a locality is a party to the deed, deed of trust, or mortgage, the notice and a copy of the affidavit required by this subsection shall be sent to the county, city, or town attorney for the locality, if any, and if there is no such attorney, then to the chief executive for the locality. For the purposes of this section, the term “party” includes any locality that is a signatory. If the Commonwealth is a party to the deed, deed of trust, or mortgage, the notice and a copy of the affidavit required by this subsection shall be sent to the Attorney General and to the director, chief executive officer, or head of the state agency or chairman of the board of the state entity in possession or that had possession of the property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":311450,"text":"If, within 30 days after personal service or receiving confirmation of delivery of the notice and a copy of the affidavit (i) to all parties to the deed, deed of trust, or mortgage, including the current owner of the property; (ii) to the attorney who prepared the deed, deed of trust, or mortgage, if known and if possible; (iii) to the title insurance company, if known; and (iv) to the adjoining property owners, if necessary, pursuant to subsection C, no written objection is received from any party disputing the facts recited in the affidavit or objecting to its recordation, the corrective affidavit may be recorded by the attorney, and all parties to the deed, deed of trust, or mortgage shall be bound by the terms of the affidavit. The corrective affidavit shall contain (a) a statement that no objection was received from any party within the period and (b) a copy of the notice sent to the parties. The notice shall contain the attorney’s Virginia State Bar number. The corrective affidavit shall be notarized.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":311451,"text":"A corrective affidavit that is recorded pursuant to this section operates as a correction of the deed, deed of trust, or mortgage and relates back to the date of the original recordation of the deed, deed of trust, or mortgage as if the deed, deed of trust, or mortgage was correct when first recorded. A title insurance company, upon request, shall issue an endorsement to reflect the corrections made by the corrective affidavit and shall deliver a copy of the endorsement to all parties to the policy who can be found.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":311452,"text":"The clerk shall record the corrective affidavit in the deed book and, notwithstanding their designation in the deed, deed of trust, or mortgage needing correction, index the affidavit in the names of the parties to the deed, deed of trust, or mortgage as grantors and grantees as set forth in the affidavit. The costs associated with the recording of a corrective affidavit pursuant to this section shall be paid by the party that records the corrective affidavit. An affidavit recorded in compliance with this section shall be prima facie evidence of the facts stated in such affidavit. Any person who wrongfully or erroneously records a corrective affidavit is liable for actual damages sustained by any party due to such recordation, including reasonable attorney fees and costs.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":311453,"text":"The remedies under this section are not exclusive and do not abrogate any right or remedy under the laws of the Commonwealth other than this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":311454,"text":"An affidavit under this section may be made in the following form, or to the same effect:\n\t\t\tCorrective Affidavit\n\t\t\tThis Affidavit, prepared pursuant to Virginia Code \u00a7 55.1-609, shall be indexed in the names of ________(grantor) and ________ (grantee), whose addresses are ________. The undersigned affiant, being first duly sworn, deposes and states as follows:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"8":{"id":311455,"text":"That the affiant is a Virginia attorney.","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"9":{"id":311456,"text":"That the deed, deed of trust, or mortgage needing correction was made in connection with a real estate transaction in which ________ purchased real estate from ________, as shown in a deed recorded in the Clerk’s Office of the Circuit Court of ________, in Deed Book ____, Page ____, or as Instrument Number ____; or in which real estate was encumbered, as shown in a deed recorded in the Clerk’s Office of the Circuit Court of ________, in Deed Book ____, Page ____, or as Instrument Number ____.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"10":{"id":311457,"text":"That the property description in the aforementioned deed, deed of trust, or mortgage contains an obvious description error.","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"11":{"id":311458,"text":"That the property description containing the obvious description error reads:\n\t\t\t\t________________\n\t\t\t\t________________.","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"H5"},"12":{"id":311459,"text":"That the correct property description should read:\n\t\t\t\t________________\n\t\t\t\t________________.","type":"section","prefixes":["H","5"],"prefix":"5","entire_prefix":"H5","prefix_anchor":"H5","level":2,"prior_prefix":"H4","next_prefix":"H6"},"13":{"id":311460,"text":"That this affidavit is given pursuant to § 55.1-609 of the Code of Virginia to correct the property description in the aforementioned deed, deed of trust, or mortgage and such description shall be as stated in paragraph 5 above upon recordation of this affidavit in the Circuit Court of ________.","type":"section","prefixes":["H","6"],"prefix":"6","entire_prefix":"H6","prefix_anchor":"H6","level":2,"prior_prefix":"H5","next_prefix":"H7"},"14":{"id":311461,"text":"That notice of the intent to record this corrective affidavit and a copy of this affidavit was delivered to all parties to the deed, deed of trust, or mortgage being corrected pursuant to § 55.1-609 of the Code of Virginia and that no objection to the recordation of this affidavit was received within the applicable period of time as set forth in § 55.1-609 of the Code of Virginia.\n\t\t\t\t________________\n\t\t\t\t(Name of attorney)\n\t\t\t\t________________\n\t\t\t\t(Signature of attorney)\n\t\t\t\t________________\n\t\t\t\t(Address of attorney)\n\t\t\t\t________________\n\t\t\t\t(Telephone number of attorney)\n\t\t\t\t________________\n\t\t\t\t(Bar number of attorney)\n\t\t\t\tThe foregoing affidavit was acknowledged before me\n\t\t\t\tThis ______ day of ______, 20__, by\n\t\t\t\t________________\n\t\t\t\tNotary Public\n\t\t\t\tMy Commission expires ________.\n\t\t\t\tNotary Registration Number: ________.","type":"section","prefixes":["H","7"],"prefix":"7","entire_prefix":"H7","prefix_anchor":"H7","level":2,"prior_prefix":"H6","next_prefix":"I"},"15":{"id":311462,"text":"Notice under this section may be made in the following form, or to the same effect:\n\t\t\tNotice of Intent to Correct an Obvious Description Error\n\t\t\tNotice is hereby given to you concerning the deed, deed of trust, or mortgage described in the corrective affidavit, a copy of which is attached to this notice, as follows:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H7","next_prefix":"I1"},"16":{"id":311463,"text":"The attorney identified below has discovered or has been advised of an obvious description error in the deed, deed of trust, or mortgage recorded as part of your real estate settlement. The error is described in the attached affidavit.","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"17":{"id":311464,"text":"The undersigned will record an affidavit to correct such error unless the undersigned receives a written objection disputing the facts recited in the affidavit or objecting to the recordation of the affidavit. Your objections must be sent within 30 days of receipt of this notice to the following address:\n\t\t\t\t________________\n\t\t\t\t(Address)\n\t\t\t\t________________\n\t\t\t\t(Name of attorney)\n\t\t\t\t________________\n\t\t\t\t(Signature of attorney)\n\t\t\t\t________________\n\t\t\t\t(Address of attorney)\n\t\t\t\t________________\n\t\t\t\t(Telephone number of attorney)\n\t\t\t\t________________\n\t\t\t\t(Bar number of attorney)","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1"}},"ancestry":[{"id":14286,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13525,"metadata":{},"date_created":"2026-06-26 03:47:36","date_modified":"2026-06-26 03:47:36","permalink":{"id":245461,"object_type":"structure","relational_id":14286,"identifier":"1","token":"55.1\/II\/6\/1","url":"\/55.1\/II\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13525,"edition_id":1,"name":"Recordation of Documents","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":13524,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":245459,"object_type":"structure","relational_id":13525,"identifier":"6","token":"55.1\/II\/6","url":"\/55.1\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13524,"edition_id":1,"name":"Real Estate Settlements and Recordation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":245369,"object_type":"structure","relational_id":13524,"identifier":"II","token":"55.1\/II","url":"\/55.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61518,"structure_id":14286,"section_number":"55.1-600","catch_line":"When and where writings recorded","url":"\/55.1-600\/","token":"55.1\/II\/6\/1\/55.1-600","metadata":false},{"id":67980,"structure_id":14286,"section_number":"55.1-601","catch_line":"Recording and indexing of certain documents showing changes of names","url":"\/55.1-601\/","token":"55.1\/II\/6\/1\/55.1-601","metadata":false},{"id":79918,"structure_id":14286,"section_number":"55.1-602","catch_line":"Presumption that recorded writings are in proper form","url":"\/55.1-602\/","token":"55.1\/II\/6\/1\/55.1-602","metadata":false},{"id":84817,"structure_id":14286,"section_number":"55.1-603","catch_line":"Deed of real estate investment trust","url":"\/55.1-603\/","token":"55.1\/II\/6\/1\/55.1-603","metadata":false},{"id":55556,"structure_id":14286,"section_number":"55.1-604","catch_line":"When clerk may refuse document to be recorded","url":"\/55.1-604\/","token":"55.1\/II\/6\/1\/55.1-604","metadata":false},{"id":64258,"structure_id":14286,"section_number":"55.1-605","catch_line":"Power of attorney; where recorded","url":"\/55.1-605\/","token":"55.1\/II\/6\/1\/55.1-605","metadata":false},{"id":64543,"structure_id":14286,"section_number":"55.1-606","catch_line":"Standards for writings to be docketed or recorded","url":"\/55.1-606\/","token":"55.1\/II\/6\/1\/55.1-606","metadata":false},{"id":68276,"structure_id":14286,"section_number":"55.1-607","catch_line":"When original of writing once recorded is lost, how copy recorded elsewhere","url":"\/55.1-607\/","token":"55.1\/II\/6\/1\/55.1-607","metadata":false},{"id":80177,"structure_id":14286,"section_number":"55.1-608","catch_line":"Certifications of recordation upon copies of certain instruments and subsequent recordation in other county or city","url":"\/55.1-608\/","token":"55.1\/II\/6\/1\/55.1-608","metadata":false},{"id":86981,"structure_id":14286,"section_number":"55.1-609","catch_line":"Correcting errors in deeds, deeds of trust, and mortgages; affidavit","url":"\/55.1-609\/","token":"55.1\/II\/6\/1\/55.1-609","metadata":false},{"id":65784,"structure_id":14286,"section_number":"55.1-610","catch_line":"Recordation of copy of lost deed previously recorded in what is now West Virginia","url":"\/55.1-610\/","token":"55.1\/II\/6\/1\/55.1-610","metadata":false},{"id":75944,"structure_id":14286,"section_number":"55.1-611","catch_line":"Repealed","url":"\/55.1-611\/","token":"55.1\/II\/6\/1\/55.1-611","metadata":false}],"previous_section":{"id":80177,"structure_id":14286,"section_number":"55.1-608","catch_line":"Certifications of recordation upon copies of certain instruments and subsequent recordation in other county or city","url":"\/55.1-608\/","token":"55.1\/II\/6\/1\/55.1-608","metadata":false},"next_section":{"id":65784,"structure_id":14286,"section_number":"55.1-610","catch_line":"Recordation of copy of lost deed previously recorded in what is now West Virginia","url":"\/55.1-610\/","token":"55.1\/II\/6\/1\/55.1-610","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-609\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 523<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":[{"id":86981,"section_number":"55.1-609","catch_line":"Correcting errors in deeds, deeds of trust, and mortgages; affidavit","order_by":null,"url":"\/55.1-609\/"}],"refers_to":[{"id":61532,"section_number":"38.2-4601","catch_line":"Title insurance company defined","order_by":null,"url":"\/38.2-4601\/"},{"id":76379,"section_number":"54.1-400","catch_line":"Definitions","order_by":null,"url":"\/54.1-400\/"},{"id":86981,"section_number":"55.1-609","catch_line":"Correcting errors in deeds, deeds of trust, and mortgages; affidavit","order_by":null,"url":"\/55.1-609\/"},{"id":84062,"section_number":"58.1-3301","catch_line":"Form of land book","order_by":null,"url":"\/58.1-3301\/"}],"permalink":{"id":245499,"object_type":"law","relational_id":86981,"identifier":"55.1-609","token":"55.1\/II\/6\/1\/55.1-609","url":"\/55.1-609\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-609\/","token":"55.1\/II\/6\/1\/55.1-609","dublin_core":{"Title":"Correcting errors in deeds, deeds of trust, and mortgages; affidavit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-609","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t“Attorney<\/span>” means any person licensed as an attorney<\/span> in Virginia by the Virginia State Bar.\n\t\t\t“Corrective affidavit<\/span>” means an affidavit of an attorney<\/span> correcting an obvious description error<\/span>.\n\t\t\t“Obvious description error<\/span>” means an error in a real property parcel description contained in a recorded deed, deed of trust, or mortgage where (i) such parcel is identified and shown as a separate parcel on a recorded subdivision plat<\/span>; (ii) such error is apparent by reference to other information on the face of such deed, deed of trust, or mortgage or on an attachment<\/span> to such deed, deed of trust, or mortgage or by reference to other instruments in the chain of title for the property conveyed thereby; and (iii) such deed, deed of trust, or mortgage recites elsewhere the parcel’s correct address or tax map identification number. An “obvious description error<\/span>” includes (a) an error transcribing courses and distances, including the omission of one or more lines of courses and distances or the omission of angles and compass directions; (b) an error incorporating an incorrect recorded plat or a deed reference; (c) an error in a lot number or designation; or (d) an omitted exhibit supplying the legal description of the real property thereby conveyed. An “obvious description error<\/span>” does not include (1) missing or improper signatures or acknowledgments or (2) any designation of the type of tenancy by which the property is owned or whether or not a right of survivorship exists.\n\t\t\t“Recorded subdivision plat<\/span>” means a plat that has been prepared by a land surveyor licensed pursuant to Article 1 (§ 54.1-400<\/a> et seq.) of Chapter 4 of Title 54.1 and recorded in the clerk’s office of the circuit<\/span> court<\/span> for the jurisdiction<\/span> where the property is located.\n\t\t\t“Title insurance company<\/span>” has the same meaning as set forth in § 38.2-4601<\/a>, provided that the title insurance company<\/span> issued a policy of title insurance for the transaction in which the deed, deed of trust, or mortgage needing correction was recorded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Obvious description errors<\/span> in a recorded deed, deed of trust, or mortgage purporting to convey or transfer an interest in real property may be corrected by recording an affidavit in the land records of the circuit<\/span> court<\/span> for the jurisdiction<\/span> where the property is located or where the deed, deed of trust, or mortgage needing correction was recorded. No correction of an obvious description error<\/span> shall be inconsistent with the description of the property in any recorded subdivision plat<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to recording a corrective affidavit<\/span>, the attorney seeking to record the affidavit shall deliver a copy of the affidavit to all parties to the deed, deed of trust, or mortgage, including the current owner of the property; to the attorney who prepared the deed, deed of trust, or mortgage, if known and if possible; and to the title insurance company<\/span>, if known, and give notice of the intent<\/span> to record the affidavit and of each party<\/span>’s right to object<\/span> to the affidavit. For an affidavit to correct an obvious description error<\/span> in a deed as described in clause (a) of the definition of “obvious description error<\/span>” in subsection A, notice and a copy of the affidavit shall also be provided to any owner of property adjoining a line to be corrected. The notice and a copy of the affidavit shall be delivered by personal service, sent by certified mail, return receipt requested, or delivered by a commercial overnight delivery service or the United States Postal Service, and a receipt obtained, to the last known address of each party<\/span> to the deed, deed of trust, or mortgage to be corrected that (i) is contained in the land book maintained pursuant to § 58.1-3301<\/a> by the jurisdiction<\/span> where the property is located and where the deed, deed of trust, or mortgage needing correction was recorded; (ii) is contained in the deed, deed of trust, or mortgage needing correction; (iii) has been provided to the attorney as a forwarding address; or (iv) has been established with reasonable certainty by other means, and to all other persons and entities to whom notice is required to be given. The notice and a copy of the affidavit shall be sent to the property address for the real property conveyed by the deed, deed of trust, or mortgage needing correction. If a locality is a party<\/span> to the deed, deed of trust, or mortgage, the notice and a copy of the affidavit required by this subsection shall be sent to the county, city, or town attorney for the locality, if any, and if there is no such attorney, then to the chief executive for the locality. For the purposes of this section, the term “party<\/span>” includes any locality that is a signatory. If the Commonwealth is a party<\/span> to the deed, deed of trust, or mortgage, the notice and a copy of the affidavit required by this subsection shall be sent to the Attorney General<\/span> and to the director, chief executive officer, or head of the state agency or chairman of the board of the state entity in possession<\/span> or that had possession<\/span> of the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If, within 30 days after personal service or receiving confirmation of delivery of the notice and a copy of the affidavit (i) to all parties to the deed, deed of trust, or mortgage, including the current owner of the property; (ii) to the attorney who prepared the deed, deed of trust, or mortgage, if known and if possible; (iii) to the title insurance company<\/span>, if known; and (iv) to the adjoining property owners, if necessary, pursuant to subsection C, no written objection is received from any party<\/span> disputing the facts<\/span> recited in the affidavit or objecting to its recordation, the corrective affidavit<\/span> may be recorded by the attorney, and all parties to the deed, deed of trust, or mortgage shall be bound by the terms of the affidavit. The corrective affidavit<\/span> shall contain (a) a statement that no objection was received from any party<\/span> within the period and (b) a copy of the notice sent to the parties. The notice shall contain the attorney’s Virginia State Bar number. The corrective affidavit<\/span> shall be notarized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A corrective affidavit<\/span> that is recorded pursuant to this section operates as a correction of the deed, deed of trust, or mortgage and relates back to the date of the original recordation of the deed, deed of trust, or mortgage as if the deed, deed of trust, or mortgage was correct when first recorded. A title insurance company<\/span>, upon request, shall issue<\/span> an endorsement to reflect the corrections made by the corrective affidavit<\/span> and shall deliver a copy of the endorsement to all parties to the policy who can be found. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The clerk shall record the corrective affidavit<\/span> in the deed book and, notwithstanding their designation in the deed, deed of trust, or mortgage needing correction, index the affidavit in the names of the parties to the deed, deed of trust, or mortgage as grantors and grantees as set forth in the affidavit. The costs associated with the recording of a corrective affidavit<\/span> pursuant to this section shall be paid by the party<\/span> that records the corrective affidavit<\/span>. An affidavit recorded in compliance with this section shall be prima facie evidence<\/span> of the facts<\/span> stated in such affidavit. Any person who wrongfully or erroneously records a corrective affidavit<\/span> is liable for actual damages<\/span> sustained by any party<\/span> due to such recordation, including reasonable attorney fees and costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The remedies under this section are not exclusive and do not abrogate any right or remedy under the laws<\/span> of the Commonwealth other than this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> An affidavit under this section may be made in the following form, or to the same effect:\n\t\t\tCorrective Affidavit<\/span>\n\t\t\tThis Affidavit, prepared pursuant to Virginia Code \u00a7 55.1-609<\/a>, shall be indexed in the names of ________(grantor) and ________ (grantee), whose addresses are ________. The undersigned affiant, being first duly sworn, deposes and states as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the affiant is a Virginia attorney. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the deed, deed of trust, or mortgage needing correction was made in connection with a real estate transaction in which ________ purchased real estate from ________, as shown in a deed recorded in the Clerk’s Office of the Circuit<\/span> Court<\/span> of ________, in Deed Book ____, Page ____, or as Instrument Number ____; or in which real estate was encumbered, as shown in a deed recorded in the Clerk’s Office of the Circuit<\/span> Court<\/span> of ________, in Deed Book ____, Page ____, or as Instrument Number ____. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That the property description in the aforementioned deed, deed of trust, or mortgage contains an obvious description error<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> That the property description containing the obvious description error<\/span> reads:\n\t\t\t\t________________\n\t\t\t\t________________. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> That the correct property description should read:\n\t\t\t\t________________\n\t\t\t\t________________. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> That this affidavit is given pursuant to § 55.1-609<\/a> of the Code of Virginia to correct the property description in the aforementioned deed, deed of trust, or mortgage and such description shall be as stated in paragraph 5 above upon recordation of this affidavit in the Circuit<\/span> Court<\/span> of ________. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> That notice of the intent<\/span> to record this corrective affidavit<\/span> and a copy of this affidavit was delivered to all parties to the deed, deed of trust, or mortgage being corrected pursuant to § 55.1-609<\/a> of the Code of Virginia and that no objection to the recordation of this affidavit was received within the applicable period of time as set forth in § 55.1-609<\/a> of the Code of Virginia.\n\t\t\t\t________________\n\t\t\t\t(Name of attorney)\n\t\t\t\t________________\n\t\t\t\t(Signature of attorney)\n\t\t\t\t________________\n\t\t\t\t(Address of attorney)\n\t\t\t\t________________\n\t\t\t\t(Telephone number of attorney)\n\t\t\t\t________________\n\t\t\t\t(Bar number of attorney)\n\t\t\t\tThe foregoing affidavit was acknowledged before me\n\t\t\t\tThis ______ day of ______, 20__, by\n\t\t\t\t________________\n\t\t\t\tNotary Public\n\t\t\t\tMy Commission expires ________.\n\t\t\t\tNotary Registration Number: ________. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Notice under this section may be made in the following form, or to the same effect:\n\t\t\tNotice of Intent<\/span> to Correct an Obvious Description Error<\/span>\n\t\t\tNotice is hereby given to you concerning the deed, deed of trust, or mortgage described in the corrective affidavit<\/span>, a copy of which is attached to this notice, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The attorney identified below has discovered or has been advised of an obvious description error<\/span> in the deed, deed of trust, or mortgage recorded as part of your real estate settlement<\/span>. The error is described in the attached affidavit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The undersigned will record an affidavit to correct such error unless the undersigned receives a written objection disputing the facts<\/span> recited in the affidavit or objecting to the recordation of the affidavit. Your objections must be sent within 30 days of receipt of this notice to the following address:\n\t\t\t\t________________\n\t\t\t\t(Address)\n\t\t\t\t________________\n\t\t\t\t(Name of attorney)\n\t\t\t\t________________\n\t\t\t\t(Signature of attorney)\n\t\t\t\t________________\n\t\t\t\t(Address of attorney)\n\t\t\t\t________________\n\t\t\t\t(Telephone number of attorney)\n\t\t\t\t________________\n\t\t\t\t(Bar number of attorney) <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCORRECTING ERRORS IN DEEDS, DEEDS OF TRUST, AND MORTGAGES; AFFIDAVIT (\u00a7\n55.1-609)\n\nA. As used in this section, unless the context requires a different meaning:\n\t\t\t“Attorney” means any person licensed as an attorney in Virginia\nby the Virginia State Bar.\n\t\t\t“Corrective affidavit” means an affidavit of an attorney\ncorrecting an obvious description error.\n\t\t\t“Obvious description error” means an error in a real property\nparcel description contained in a recorded deed, deed of trust, or mortgage\nwhere (i) such parcel is identified and shown as a separate parcel on a recorded\nsubdivision plat; (ii) such error is apparent by reference to other information\non the face of such deed, deed of trust, or mortgage or on an attachment to such\ndeed, deed of trust, or mortgage or by reference to other instruments in the\nchain of title for the property conveyed thereby; and (iii) such deed, deed of\ntrust, or mortgage recites elsewhere the parcel’s correct address or tax\nmap identification number. An “obvious description error” includes\n(a) an error transcribing courses and distances, including the omission of one\nor more lines of courses and distances or the omission of angles and compass\ndirections; (b) an error incorporating an incorrect recorded plat or a deed\nreference; (c) an error in a lot number or designation; or (d) an omitted\nexhibit supplying the legal description of the real property thereby conveyed.\nAn “obvious description error” does not include (1) missing or\nimproper signatures or acknowledgments or (2) any designation of the type of\ntenancy by which the property is owned or whether or not a right of survivorship\nexists.\n\t\t\t“Recorded subdivision plat” means a plat that has been prepared\nby a land surveyor licensed pursuant to Article 1 (§ 54.1-400 et seq.) of\nChapter 4 of Title 54.1 and recorded in the clerk’s office of the circuit\ncourt for the jurisdiction where the property is located.\n\t\t\t“Title insurance company” has the same meaning as set forth in\n§ 38.2-4601, provided that the title insurance company issued a policy of\ntitle insurance for the transaction in which the deed, deed of trust, or\nmortgage needing correction was recorded.\n\nB. Obvious description errors in a recorded deed, deed of trust, or mortgage\npurporting to convey or transfer an interest in real property may be corrected\nby recording an affidavit in the land records of the circuit court for the\njurisdiction where the property is located or where the deed, deed of trust, or\nmortgage needing correction was recorded. No correction of an obvious\ndescription error shall be inconsistent with the description of the property in\nany recorded subdivision plat.\n\nC. Prior to recording a corrective affidavit, the attorney seeking to record the\naffidavit shall deliver a copy of the affidavit to all parties to the deed, deed\nof trust, or mortgage, including the current owner of the property; to the\nattorney who prepared the deed, deed of trust, or mortgage, if known and if\npossible; and to the title insurance company, if known, and give notice of the\nintent to record the affidavit and of each party’s right to object to the\naffidavit. For an affidavit to correct an obvious description error in a deed as\ndescribed in clause (a) of the definition of “obvious description\nerror” in subsection A, notice and a copy of the affidavit shall also be\nprovided to any owner of property adjoining a line to be corrected. The notice\nand a copy of the affidavit shall be delivered by personal service, sent by\ncertified mail, return receipt requested, or delivered by a commercial overnight\ndelivery service or the United States Postal Service, and a receipt obtained, to\nthe last known address of each party to the deed, deed of trust, or mortgage to\nbe corrected that (i) is contained in the land book maintained pursuant to\n§ 58.1-3301 by the jurisdiction where the property is located and where the\ndeed, deed of trust, or mortgage needing correction was recorded; (ii) is\ncontained in the deed, deed of trust, or mortgage needing correction; (iii) has\nbeen provided to the attorney as a forwarding address; or (iv) has been\nestablished with reasonable certainty by other means, and to all other persons\nand entities to whom notice is required to be given. The notice and a copy of\nthe affidavit shall be sent to the property address for the real property\nconveyed by the deed, deed of trust, or mortgage needing correction. If a\nlocality is a party to the deed, deed of trust, or mortgage, the notice and a\ncopy of the affidavit required by this subsection shall be sent to the county,\ncity, or town attorney for the locality, if any, and if there is no such\nattorney, then to the chief executive for the locality. For the purposes of this\nsection, the term “party” includes any locality that is a signatory.\nIf the Commonwealth is a party to the deed, deed of trust, or mortgage, the\nnotice and a copy of the affidavit required by this subsection shall be sent to\nthe Attorney General and to the director, chief executive officer, or head of\nthe state agency or chairman of the board of the state entity in possession or\nthat had possession of the property.\n\nD. If, within 30 days after personal service or receiving confirmation of\ndelivery of the notice and a copy of the affidavit (i) to all parties to the\ndeed, deed of trust, or mortgage, including the current owner of the property;\n(ii) to the attorney who prepared the deed, deed of trust, or mortgage, if known\nand if possible; (iii) to the title insurance company, if known; and (iv) to the\nadjoining property owners, if necessary, pursuant to subsection C, no written\nobjection is received from any party disputing the facts recited in the\naffidavit or objecting to its recordation, the corrective affidavit may be\nrecorded by the attorney, and all parties to the deed, deed of trust, or\nmortgage shall be bound by the terms of the affidavit. The corrective affidavit\nshall contain (a) a statement that no objection was received from any party\nwithin the period and (b) a copy of the notice sent to the parties. The notice\nshall contain the attorney’s Virginia State Bar number. The corrective\naffidavit shall be notarized.\n\nE. A corrective affidavit that is recorded pursuant to this section operates as\na correction of the deed, deed of trust, or mortgage and relates back to the\ndate of the original recordation of the deed, deed of trust, or mortgage as if\nthe deed, deed of trust, or mortgage was correct when first recorded. A title\ninsurance company, upon request, shall issue an endorsement to reflect the\ncorrections made by the corrective affidavit and shall deliver a copy of the\nendorsement to all parties to the policy who can be found.\n\nF. The clerk shall record the corrective affidavit in the deed book and,\nnotwithstanding their designation in the deed, deed of trust, or mortgage\nneeding correction, index the affidavit in the names of the parties to the deed,\ndeed of trust, or mortgage as grantors and grantees as set forth in the\naffidavit. The costs associated with the recording of a corrective affidavit\npursuant to this section shall be paid by the party that records the corrective\naffidavit. An affidavit recorded in compliance with this section shall be prima\nfacie evidence of the facts stated in such affidavit. Any person who wrongfully\nor erroneously records a corrective affidavit is liable for actual damages\nsustained by any party due to such recordation, including reasonable attorney\nfees and costs.\n\nG. The remedies under this section are not exclusive and do not abrogate any\nright or remedy under the laws of the Commonwealth other than this section.\n\nH. An affidavit under this section may be made in the following form, or to the\nsame effect:\n\t\t\tCorrective Affidavit\n\t\t\tThis Affidavit, prepared pursuant to Virginia Code \u00a7 55.1-609, shall be\nindexed in the names of ________(grantor) and ________ (grantee), whose\naddresses are ________. The undersigned affiant, being first duly sworn, deposes\nand states as follows:\n\n 1. That the affiant is a Virginia attorney.\n\n 2. That the deed, deed of trust, or mortgage needing correction was made in\n connection with a real estate transaction in which ________ purchased real\n estate from ________, as shown in a deed recorded in the Clerk’s Office\n of the Circuit Court of ________, in Deed Book ____, Page ____, or as\n Instrument Number ____; or in which real estate was encumbered, as shown in a\n deed recorded in the Clerk’s Office of the Circuit Court of ________, in\n Deed Book ____, Page ____, or as Instrument Number ____.\n\n 3. That the property description in the aforementioned deed, deed of trust, or\n mortgage contains an obvious description error.\n\n 4. That the property description containing the obvious description error\n reads:\n \t\t\t\t________________\n \t\t\t\t________________.\n\n 5. That the correct property description should read:\n \t\t\t\t________________\n \t\t\t\t________________.\n\n 6. That this affidavit is given pursuant to § 55.1-609 of the Code of\n Virginia to correct the property description in the aforementioned deed, deed\n of trust, or mortgage and such description shall be as stated in paragraph 5\n above upon recordation of this affidavit in the Circuit Court of ________.\n\n 7. That notice of the intent to record this corrective affidavit and a copy of\n this affidavit was delivered to all parties to the deed, deed of trust, or\n mortgage being corrected pursuant to § 55.1-609 of the Code of Virginia\n and that no objection to the recordation of this affidavit was received within\n the applicable period of time as set forth in § 55.1-609 of the Code of\n Virginia.\n \t\t\t\t________________\n \t\t\t\t(Name of attorney)\n \t\t\t\t________________\n \t\t\t\t(Signature of attorney)\n \t\t\t\t________________\n \t\t\t\t(Address of attorney)\n \t\t\t\t________________\n \t\t\t\t(Telephone number of attorney)\n \t\t\t\t________________\n \t\t\t\t(Bar number of attorney)\n \t\t\t\tThe foregoing affidavit was acknowledged before me\n \t\t\t\tThis ______ day of ______, 20__, by\n \t\t\t\t________________\n \t\t\t\tNotary Public\n \t\t\t\tMy Commission expires ________.\n \t\t\t\tNotary Registration Number: ________.\n\nI. Notice under this section may be made in the following form, or to the same\neffect:\n\t\t\tNotice of Intent to Correct an Obvious Description Error\n\t\t\tNotice is hereby given to you concerning the deed, deed of trust, or mortgage\ndescribed in the corrective affidavit, a copy of which is attached to this\nnotice, as follows:\n\n 1. The attorney identified below has discovered or has been advised of an\n obvious description error in the deed, deed of trust, or mortgage recorded as\n part of your real estate settlement. The error is described in the attached\n affidavit.\n\n 2. The undersigned will record an affidavit to correct such error unless the\n undersigned receives a written objection disputing the facts recited in the\n affidavit or objecting to the recordation of the affidavit. Your objections\n must be sent within 30 days of receipt of this notice to the following\n address:\n \t\t\t\t________________\n \t\t\t\t(Address)\n \t\t\t\t________________\n \t\t\t\t(Name of attorney)\n \t\t\t\t________________\n \t\t\t\t(Signature of attorney)\n \t\t\t\t________________\n \t\t\t\t(Address of attorney)\n \t\t\t\t________________\n \t\t\t\t(Telephone number of attorney)\n \t\t\t\t________________\n \t\t\t\t(Bar number of attorney)\n\nHISTORY: 2014, c. 523, \u00a7 55-109.2; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}