A same name affidavit is a short sworn statement, signed before a notary, declaring that two or more versions of a name appearing in different records all belong to you. Title companies, lenders, insurers, and government agencies ask for one when the name on a document doesn’t exactly match the name on another, and they need written confirmation before moving forward.
When You’ll Be Asked for One
Name discrepancies show up more often than people expect. A marriage or divorce changes your surname while older deeds, car titles, and policies stay under the previous name. A clerk drops your middle name on a mortgage note while the property deed spells it out in full. Your birth certificate reads “Catherine” but every other document in your life says “Katharine.” None of that means your identity is in doubt, but to an institution comparing records, a mismatch has to be cleared in writing.
Real estate closings are the most common trigger. Title companies search public records before issuing title insurance, and when they find a recorded document with a name that resembles but doesn’t exactly match the buyer, seller, or borrower, they need a way to confirm whether that record belongs to the same person. The affidavit is that confirmation.
Lenders raise the same concern during underwriting. Before releasing funds, a bank wants certainty that the person on the loan application is the same person on the credit report, the pay stubs, and the deed. A single missing middle initial can hold up a closing until it’s reconciled on paper. Insurance companies ask for the same thing when processing a claim under a name that doesn’t exactly match the policy, and government agencies request similar documentation before approving benefits or issuing a passport when your current name differs from the name on your citizenship evidence.
What the Form Looks Like
There is no single universal template, but nearly every version shares the same structure. If a title company, lender, or attorney has handed you a blank form, you’ll typically see:
- A title along the lines of “Name Affidavit,” “Affidavit of Identity,” or “Affidavit of One and the Same Person.”
- A pre-printed recital clause stating that you (the “affiant”) appeared before a notary and were duly sworn.
- A section where you list the name variations, usually phrased as “Affiant is one and the same person as [name variation],” with blank lines for one or several aliases.
- A signature block with a line for your signature and printed name. Leave both blank until you’re in front of the notary.
- A notary block with fields for the state, county, date, the notary’s signature, commission number, and expiration date. The notary completes this section.
Some forms add fields for a Social Security number, date of birth, current address, or the name of the requesting institution. If the form asks for the reason behind the name variation, a brief factual explanation works: “Name changed due to marriage on [date]” or “Middle name omitted on original document.”
How to Fill It Out
Start by gathering every document that shows a different version of your name. Pull the specific records the requesting party flagged, whether that’s a deed, a tax return, an insurance policy, or a birth certificate, and line them up. Each name variation has to be copied exactly as it appears, including punctuation, middle initials, hyphens, and maiden names. If your deed says “John A. Smith” and your mortgage note says “John Allen Smith,” both versions go on the form, written precisely that way.
Fill in your personal identifying information: full legal name, date of birth, address, and any ID numbers the form requests. If the form asks for a narrative explaining how the discrepancy arose, keep it factual and short. Something like “I began using my married name, Johnson, after my marriage on June 15, 2019. My prior records were under the name Jane Doe” is all that’s needed.
Do not sign or date the form yet. The signature must happen in the physical or virtual presence of a notary, who needs to witness the act of signing and administer an oath at that moment. Signing beforehand invalidates the notarization, and you’ll need a fresh copy.
What to Bring to the Notary
Bring a valid government-issued photo ID: a driver’s license, passport, or state ID card. The notary uses it to verify that you are who you claim to be. If the name on your ID doesn’t match the name on the affidavit, which is often the whole point of the exercise, bring a second form of identification that bridges the gap.
The institution asking for the affidavit may also want corroborating documents attached or submitted alongside it. Common ones include:
- A marriage or divorce certificate to explain a surname change.
- A court order documenting a legal name change unrelated to marriage or divorce.
- A birth certificate showing your original name.
- A Social Security card connecting your name to your SSN.
- A current or expired passport linking a photo to a specific spelling.
Ask the requesting party what supporting documents they want before your appointment. Title companies and lenders usually have a checklist. Showing up without the right backup means a second trip.
Getting It Notarized
Notarization is what turns your affidavit from a piece of paper into a legally binding sworn statement. The notary verifies your identity, watches you sign, administers an oath or affirmation that the contents are true, and applies their official seal or stamp. Without that step, the document carries no legal weight.
You can find a notary at most banks (often free for account holders), UPS stores, law offices, and some public libraries. Fees for a standard notarization are set by state law and are modest. In many states, the statutory maximum falls between five and fifteen dollars per notarial act. Mobile notaries who come to you charge more, typically adding a travel fee on top.
Most states now authorize remote online notarization, where you appear over a live video call. The notary verifies your identity through knowledge-based authentication questions and a visual inspection of your ID on camera. The notarization itself may be legally valid, but the receiving institution can still decline to accept a remotely notarized document. Check with your title company or lender before going that route.
Where to Send the Finished Affidavit
Send the original notarized affidavit to whichever party requested it. For real estate transactions, that’s usually the title company or the county recorder’s office where the property is located. Lenders want the original delivered to their closing or compliance department. Insurance companies and government agencies will specify a mailing address or, increasingly, accept scanned uploads through their portals.
If the affidavit needs to be recorded against a property’s title, the county recorder’s office will charge a recording fee. These vary by county but generally run between ten and fifty dollars for a one-page document, with a small per-page surcharge for anything longer.
Mail the document by certified mail or another trackable method so you have proof of delivery. Keep a copy or scan of the fully executed affidavit for your own records. You may need it again if a different institution flags the same discrepancy later.
When an Affidavit Won’t Be Enough
A same name affidavit resolves discrepancies where you’re clearly the same person but records don’t line up perfectly. It doesn’t substitute for a legal name change. If you want to adopt an entirely new name with no connection to any name you’ve previously used, you need a court order, not an affidavit. Courts grant formal name changes through a petition process that typically involves a filing fee, a hearing, and sometimes a published notice.
Institutions also draw the line differently. A title company might accept an affidavit for a missing middle initial but refuse one for a completely different surname without supporting documentation like a marriage certificate or court order. The more dramatic the discrepancy, the more likely you’ll need something beyond a sworn statement.
The Legal Weight of Signing
Every same name affidavit is a statement under oath, and lying on one is a criminal offense. Under federal law, perjury carries a maximum sentence of five years in prison, a fine, or both.1Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally State penalties vary but track a similar range. Beyond criminal exposure, a fraudulent affidavit can unwind the transaction it was used to support. A property sale can be voided, a loan recalled, or an insurance claim denied and referred for fraud investigation.
The standard is intentional falsehood, not honest mistakes. If you misspell a variation or forget to include one, that’s a correctable error. Deliberately claiming to be someone you’re not, or swearing that two names belong to one person when you know they don’t, is where criminal liability begins.