September 22, 2026
Written by: Stern & Eisenberg Operations Manager, Stacy Yeatman
One of the first steps in the foreclosure process is a thorough title review. While the review may uncover a variety of issues, one of the most common involves errors or discrepancies in the property’s legal description.
And sometimes, it really is the smallest mistake that can cause the biggest headache.
For example, something as simple as “Steet” instead of “Street” could create a title issue that needs to be addressed after the foreclosure sale. Fortunately, the Delaware team at Stern & Eisenberg has several ways to address these types of issues. Two of the most common are a Scrivener’s Affidavit and a curative count.
Option 1: Scrivener’s Affidavit
When the issue is a minor typographical error, the simplest solution is often a Scrivener’s Affidavit.
Our firm prepares the affidavit, has it executed, and records it with the Recorder of Deeds. The biggest advantage of this approach is speed. Because the affidavit can typically be prepared and recorded quickly, a minor title issue can often be resolved without significantly slowing down the foreclosure process.
Option 2: Curative Count
Sometimes, however, the issue is more significant and cannot be resolved with a Scrivener’s Affidavit. In those situations, it may be appropriate to include a curative count in the foreclosure complaint.
The curative count identifies the error and provides the corrected legal description. While this can be an effective way to resolve a more substantial issue, there are additional steps involved.
First, the complaint must be personally served. This can be the biggest challenge with this process. Once personal service is successfully completed, a Motion for Default Judgment must be filed in order to obtain judgment, followed by a hearing scheduled by the Court.
After the Court grants the Order for Judgment, we obtain a court-certified copy of the Order and record it with the Recorder of Deeds. Once recorded, the legal description issue is resolved.
As you might expect, this process takes considerably longer and is somewhat more expensive than a Scrivener’s Affidavit.
The Bottom Line
Not every title issue requires a complicated solution. The key is identifying the issue early and determining the appropriate way to address it.
Whether it’s a simple typo or a more significant legal description discrepancy, the Delaware team at Stern & Eisenberg works to identify and resolve these issues as early as possible—helping avoid complications after the foreclosure sale and keeping the process moving forward.