Affidavit of Loss: Purpose and Necessity

An affidavit of loss is a sworn statement attesting to the loss of a significant document. This sworn statement is generally used to establish the fact that the document has been lost and is no longer in the possession of the owner, either through misplacement, theft, or other means.

Why is it Important?

  1. Legal Protection: If you lose a document like a property title or a stock certificate, an affidavit of loss ensures that you can still exercise your rights relating to that document.
  2. Replacement of Documents: Government agencies, financial institutions, and other organizations usually require an affidavit of loss as part of the process to replace a lost document.
  3. Preventing Misuse: An affidavit of loss serves to put others on notice that the document is lost, which can help to prevent others from using the lost document unlawfully.

How is it Executed?

An affidavit of loss must be notarized by a notary public or other officer authorized to administer oaths. The individual executing the affidavit (the affiant) must present the affidavit before the notary, swear to the truth of the contents, and sign the document in the presence of the notary.

Sample Affidavit of Loss

Below is a sample affidavit of loss that can be tailored to fit the specific circumstances of the lost document:

AFFIDAVIT OF LOSS
I, [Full Name], of legal age, single/married, and a resident of [Address], after having been duly sworn in accordance with law, hereby depose and say:
1. That I am the lawful owner of a [Describe the Document, e.g., Driver's License, Title Deed], issued on [Date of Issue] with [Specific Details, e.g., License Number, Title Number];
2. That said document has been lost and cannot be found despite diligent efforts to locate it;
3. That I have not used or permitted the use of the said document for any unlawful purpose;
4. That I am executing this affidavit to attest to the truth of the foregoing facts.
IN WITNESS WHEREOF, I have hereunto set my hand this [Date].
_____________________
[Full Name]
[Affiant's Signature]
SUBSCRIBED AND SWORN to before me this [Date], affiant exhibiting to me his/her [Identification Document, e.g., Passport] as competent evidence of identity.
_____________________
[Notary Public]
[Notary's Signature]