An affidavit is a document in which the signatory confirms that their official name is written and typed as indicated in the affidavit. The affidavit is often signed in front of a notary, who then signs the affidavit and stamps it with a notary`s seal. There are many uses for an affidavit, including in the processing of credit documents. It is also often used to indicate all variations of the signer`s name, including maiden names and nicknames. Some jurisdictions require an affidavit to accompany the affidavit for it to be valid. An affidavit is also used to protect against fraud. It can be difficult to prove that documents were signed fraudulently if an affidavit was made or signed by a notary that matches the signatures on the documents in question. The court may compare the signature that is allegedly fraudulent with the signatures on the affidavit to determine if they are identical. If a judge or jury is unable to make that decision, an expert can testify if the signatures are identical.
The reverse is also true, as an affidavit can prove that the documents were actually signed by someone other than the signatory. In some cases, a signatory`s affidavit may include that it was never referred to by a specific name. For example, if a party to a settlement is concerned about discovering investigations that involve some of the signatory`s previous defaults, that person may request such a declaration. The signatory can often deny in an affidavit that he is that person. The main benefit of an affidavit for commercial transactions is a precautionary measure in case the signatory submits varying signatures. Someone who needs to sign multiple pages of documents could accidentally sign their maiden name on one page, omit their married name on another page, and initial on another page. An AKA statement, also known as a statement, is often included in an affidavit, so inconsistent signatures are attributed to the signer. This affidavit is often used as a preventative measure that protects the other party from being sued for claims arising from an invalid contract due to inconsistent signatures. These are often used in the mortgage industry to process promissory notes and by parties to long contracts who want to protect themselves in the event of a dispute. The affidavit of signature and the AKA declaration are a variant of the affidavit of signature, where the borrower can list different ways in which his name has been written on official documents. Common name variations are variations with middle names, initials of the middle name, previous maiden names, suffixes to her name such as Junior or Senior or 1st or 2nd if her father has the same name, etc. The borrower should write down all their name variations if they are not already pre-typed in the form, and then sign exactly as these variations were handwritten or typed for the document to be accepted by the lender.
It is also common for this document to be accompanied by an oath with the notary, in which the borrower swears that all the name variations mentioned are true and correct. The type of notarial certification that would receive an affidavit and an AKA statement would always be jurat in my experience. This document is almost always presented with the jurat vocabulary of the state where it is to be notarized, so the signer never has to decide what type of certification to receive. This is important because the signatory rarely knows what type of certification they should receive, and notaries are prohibited from recommending a particular type of notarization, as this could constitute an unauthorized legal practice. Resources > glossary > affidavit of signature and AKA declaration.