1.32 Affidavits

1.32.1

In General

Because there are facts that have not been established by judicial proceedings or that are not part of the public records, affidavits are extensively used in the process of issuing title insurance policies.

It is through the utilization of affidavits that many of those facts can be ascertained and made part of the public records.

Title insurance affidavits can be divided into the following categories:

  • Affidavits of identity.
  • Affidavits of information.
  • Affidavits of commencement, and completion, and all bills paid (lien waivers)
  • Affidavits prescribed by law
  • Affidavits in relation to other various matters.
  • Affidavits of heirship.
  • Affidavit of debts and liens.

Affidavits  are sometimes combined within personal undertakings, indemnities, or even instruments of conveyancing.

The primary purpose of an affidavit is to establish the existence of certain facts. A secondary purpose is to provide a method by which these facts may be made part of the public records.

It is extremely important:

  • Not to rely upon affidavits executed by unreliable affiants.
  • To avoid affidavits that contain a layman's conclusions of law unless the affidavit also recites facts sufficient to reach the same conclusion.
  • To record any affidavit that contains information essential to the title.
  • Read the information contained in the affidavit and take the appropriate actions that information requires.

If you need to get an affidavit that contains personal data, like Social Security Number, Drivers License Number, or home addresses, you should obtain and keep the person's consent to the recording of the affidavit.