Jan 25, 2022 2022-02

LenderMemo.2022-02 Use of Scrivener’s Affidavit

As part of our commitment to continually improve service to our lending partners, MFA is issuing guidance regarding the 1978 NM statute 47-1-57 Use of Scrivener’s-Error Affidavit (Affidavit). 

In recent months, we have seen an increase in the enforcement of the Affidavit by the County Clerk’s offices throughout the state. Due to the increase, MFA, as the Master Servicer Provider and subsequently Idaho Housing and Finance Association (IHFA), as the Contract Service Provider, will now require the Affidavit to correct deficiencies and inaccuracies to the following recorded documents:   

  • Original recorded Mortgage for first and second liens
  • County certified copy of the recorded mortgage – lender is responsible to verify that the county clerk will re-record a certified copy

Deficiencies and inaccuracies include, but are not limited to:

  • Vesting
  • Legal description
  • Rider omission
  • Dates omissions
  • Name typo corrections
  • MIN number

If you have further questions, please contact:

Thank you for participating in MFA programs.