Affidavit is a signed sworn statement made under oath in which the person making the affidavit affirms to the truthfulness of the statements made in the affidavit.
Affidavits are considered as legal documents and are a means of providing evidence to the court. They provide facts on particular matter before court. Affidavits are usually notarized or authenticated since they are made under oath in front of a Notary Public or a person authorized to do so by law. The person making the statement of fact and signing the affidavit is known as the Affiant.
Affidavits are not verified statements of fact; instead they are voluntary statements made under oath. Wilfully providing a false statement in an affidavit may subject the affiant to civil or criminal proceedings. Anyone relying on an affidavit should consider if they want to obtain corroborating evidence.
In mortgage and real estate affidavits are prepared by the borrower and lender at various times to provide a statement of fact. For example, at loan origination, a borrower may sign a Name Affidavit confirming maiden names or other names. Similarly, during foreclosure process, a lender may prepare a non-military affidavit to confirm the belief that the borrower is not in active military service.
When signing or preparing affidavits, you should keep in mind the following basic guidelines:
Some of the common elements included in an affidavit are listed below:
While, the list above presents the common elements of an affidavit, we recommend obtaining competent legal advice if you have particular questions on an affidavit. The specific contents of an affidavit are based on jurisdiction and the purpose of an affidavit.
Updated: Mar 29, 2015