Notaries may be concerned if they’re asked to notarize affidavits because these documents are often used in complex legal or business proceedings. But in most cases, following the basic rules of notarization will keep you on the right path. Here’s what Notaries need to know about affidavits.
What is an affidavit?
An affidavit is a sworn written statement. The person making the affidavit, who is known as an “affiant,” confirms the truthfulness of the affidavit by swearing or affirming its content is accurate.
What is the purpose of an affidavit?
Affidavits are commonly used as evidence in court proceedings such as divorces, lawsuits, and bankruptcy cases, especially if the affiant cannot appear in person. For example, an affidavit might confirm an individual’s financial or marital status or provide written testimony about disputed events in a lawsuit.
Affidavits are also used in important business transactions such as home purchases and mortgage refinancings. For example, Notary Signing Agents may encounter Signature and Name Affidavits in loan document packages to confirm the borrower is signing with his or her correct legal name, the borrower’s signature is true and correct, and the borrower is the same person referenced in credit and title reports disclosed to the lender.
Are affidavits notarized?
It is common practice for an affiant’s signature on an affidavit to be notarized. However, affidavits do not always require a jurat — some require an acknowledgment instead. Notaries should never assume the type of notarization required for an affidavit. Follow the signer’s instructions, and if the signer is not sure, check the document’s notarial certificate wording to see if the wording indicates what notarization is needed.
If it’s not clear, never select the notarial act on the signer’s behalf, because that could leave you open to penalties for the unauthorized practice of law. Instead, have the signer contact the appropriate court or a qualified attorney and obtain clear instructions for notarizing the affidavit before proceeding.
What steps must I take when notarizing an affidavit?
When you are asked to notarize an affidavit, be sure to follow all required steps for notarization.
- Make sure you have been provided with clear instructions on how to notarize the affidavit.
- If you are asked to perform a jurat on the affidavit, be sure to administer an oath or affirmation to the signer.
- Be sure to properly identify the signer if required.
- Check to confirm the Notary certificate wording is correctly completed.
- Complete your Notary journal entry if required by your state.
If you have questions when notarizing an affidavit, NNA members can contact the Notary Hotline for assistance. Non-members may have a complementary one-time call to have questions answered.
David Thun is the Editorial Manager at the National Notary Association.