An affidavit of loss is a sworn written statement declaring that a specific document or financial instrument has been lost, stolen, or destroyed, filed with the organization that originally issued it so you can obtain a replacement. It gives the issuer a legally binding assurance that you aren’t putting two copies of the same document into circulation, and it shifts liability to you if that turns out to be wrong. You’ll typically submit it alongside an application form, a fee, and sometimes additional paperwork like a police report or an indemnity bond.
When You’d File One
The most common scenarios involve replacing a lost vehicle title, a physical stock or bond certificate, an insurance policy, or a land title certificate. In each case, the issuing organization needs more than your word that the original is gone.
Vehicle title replacements are probably the single most frequent use. State motor vehicle agencies typically require you to certify under oath that the original title was lost, stolen, or destroyed before they’ll issue a duplicate. The form varies by state, but the core requirement is the same everywhere: a signed declaration, made under penalty of perjury, that you no longer have the original and haven’t transferred it to anyone else.
Lost stock certificates are the other big category, and the stakes can be much higher. Corporations and their transfer agents require an affidavit of loss as the first step before issuing a replacement certificate.1Investor.gov. Updated Investor Bulletin: Lost and Stolen Securities For securities, the affidavit alone isn’t enough; you’ll also need an indemnity bond, covered further down.
Not every replacement process needs a standalone affidavit. The Social Security Administration, for example, uses its own application (Form SS-5) and asks for identity documents, but does not require a separate affidavit or sworn statement to replace a lost Social Security card.2Social Security Administration. Application for a Social Security Card (Form SS-5) Check with the issuing agency first. Some use their own built-in certification language on a standard form; others expect a separate notarized affidavit.
What the Affidavit Has to Contain
Whether you’re drafting the document yourself or filling in a template, the content requirements are consistent. Every affidavit of loss should include four categories of information.
- Your identifying information: full legal name, current mailing address, and a phone number or email. If you’re filing on behalf of a trust or business, include your title and relationship to the entity.
- A specific description of the lost item. For a vehicle title, that means the Vehicle Identification Number, year, make, and model. For a stock certificate, include the certificate number, the number of shares, and the issuing company’s name. Vague descriptions slow down processing and can get your application rejected.
- The circumstances of the loss: when and where you last had the item, and how you believe it was lost, stolen, or destroyed. A sentence or two is usually enough. If it was stolen, say so.
- The sworn declaration itself. This is the legal heart of the document. You’re stating under oath that the item hasn’t been sold, given away, pledged as collateral, or otherwise transferred, and that you’ll surrender the original if it turns up later.
Some agencies give you a pre-printed form with all of this built in, so you just fill in blanks. Others expect you to draft from scratch or use your own template. Either way, those four elements are what the reviewing authority is looking for.
Getting It Notarized
Most agencies that require an affidavit of loss also require notarization, though this isn’t universal. Some jurisdictions and agencies accept an unsworn declaration signed under penalty of perjury as a substitute. Check the specific instructions before you assume one way or the other.
If notarization is required, the process is quick. Bring the unsigned affidavit and a government-issued photo ID to a commissioned notary public. The notary verifies your identity, administers an oath asking you to confirm the document’s statements are true, watches you sign, and applies their seal. The whole interaction usually takes under five minutes.
Worth knowing: the notary is only confirming your identity and that you signed voluntarily under oath. They have no responsibility to verify whether your statements are actually true. That burden is entirely yours, which is why the perjury language matters.
Remote Online Notarization
You don’t always have to visit a notary in person. As of early 2025, at least 45 states and the District of Columbia have enacted permanent laws allowing remote online notarization, where you connect with a notary through a live video call. You’ll still need to show your ID on camera and answer identity-verification questions, but you can complete the process from home. Whether the agency accepting your affidavit will honor a remotely notarized version depends on its own rules, so confirm that before going this route.
Filing the Package and Getting a Replacement
The notarized affidavit is typically one piece of a larger replacement package. You’ll usually submit it with an official application form from the issuing agency and a processing fee. Fees vary widely by document type and jurisdiction. Duplicate vehicle title fees, for example, range from a few dollars to over $80 depending on the state. Replacement fees for insurance policies or recorded deeds differ by carrier or county.
If the item was stolen rather than simply lost, the agency will usually require a copy of the police report. The report substantiates the theft claim and gives the issuing authority an incident number to reference. File the police report before you submit the affidavit package, since you’ll need the report number on your paperwork.
Once the agency has your complete package, it reviews the documents and typically flags the original as void in its records. Processing times vary. Some state vehicle agencies issue duplicate titles within a week or two. More complex replacements like securities certificates can take significantly longer, especially when an indemnity bond is involved. Plan for at least a few weeks and follow up if you haven’t heard back.
Indemnity Bonds for Lost Stock and Bond Certificates
Replacing a lost stock or bond certificate is more complicated and more expensive than replacing most other documents. Under the Uniform Commercial Code, which governs securities transactions in every state, a corporation must issue a replacement certificate only if the owner files a sufficient indemnity bond with the issuer in addition to the affidavit.3Legal Information Institute. UCC 8-405 – Replacement of Lost, Destroyed, or Wrongfully Taken Security Certificate The owner must also make the request before an innocent purchaser acquires the original.
The bond protects the corporation and its transfer agent if someone else later shows up holding the original and claiming to be a legitimate buyer. According to the SEC’s investor education division, the bond typically costs approximately two to three percent of the current market value of the missing shares.1Investor.gov. Updated Investor Bulletin: Lost and Stolen Securities For a certificate worth $50,000, that’s $1,000 to $1,500, a real cost that catches many people off guard.
Before you buy a bond, check with the corporation’s transfer agent. Some companies have simplified procedures for shareholders whose accounts are tracked electronically, even if a physical certificate was once issued.
If the Original Turns Up Later
Find the original after a replacement has been issued, and you’re legally obligated to surrender or destroy it. The sworn declaration in your affidavit almost certainly commits you to exactly this. Once a replacement is issued, the original is void in the issuer’s records, and using both copies could expose you to fraud charges.
For vehicle titles, contact the motor vehicle agency and return the original. For stock certificates, notify the transfer agent immediately. The indemnity bond you purchased remains in effect. If the original somehow made it into an innocent third party’s hands before you recovered it, the bond covers the issuer’s exposure.
Consequences of a False Affidavit
Filing a false affidavit of loss is perjury, and the consequences are serious. At the federal level, anyone who willfully makes a false statement under oath, or in a declaration signed under penalty of perjury, faces up to five years in prison and substantial fines.4Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally That applies whether the false statement is made inside or outside the United States. Separately, making a false statement on a matter within the jurisdiction of a federal agency carries its own penalty of up to five years.5Office of the Law Revision Counsel. 18 USC 1001 – Statements or Entries Generally
State-level penalties vary but follow a similar pattern. Most states treat a knowingly false sworn statement as a misdemeanor or felony depending on the context and the amount of harm caused. Beyond criminal exposure, a false affidavit can trigger civil liability. If someone else suffers a financial loss because you falsely claimed an item was lost when you’d actually sold or pledged it, you can be sued for the resulting damages.
The practical takeaway: don’t file an affidavit of loss for a document you’ve merely misplaced somewhere in your house and haven’t seriously looked for. Spend a reasonable amount of time searching first. And never file one for a document you’ve actually sold, transferred, or given to someone else. That isn’t a paperwork shortcut. It’s a crime.