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Generally, such factual recitals should be for purposes of information and not in lieu of an affidavit. (d) Affidavits should be given under oath before and attested by a notary public or other official authorized to take an oath.įactual recitals in conveyances are widely utilized but such recitals do not comply with the statutory requirements of an affidavit. However, the facts recited are to be those personally known to the affiant and not to a corporation, grantor of a power of attorney or other represented person or entity, and no corporate title or other representative designation should be indicated for the signatory. Comment: The affidavit may set forth in the body of the document that affiant is acting in some capacity which is a source of authority or insight as to the facts set forth therein.
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(c) Affidavits may be made by any person, even those connected with the chain of title, and should set forth information within the personal knowledge of the affiant. Affidavits should address the entire issue which is the subject of said affidavit, state facts rather than conclusions, and not be worded so as to mislead or leave unanswered questions. (b) Affidavits should reference the current property owner and a recorded instrument in the chain of title. However, such certified certificates may best be incorporated in an affidavit in order to facilitate introduction into the chain of title. However, absent extraordinary circumstances, affidavits should not be utilized in lieu of normal conveyancing, probate or judicial procedures.Ĭomment: Certified copies of certificates of death, birth and marriage are preferable to affidavits to establish the facts of death, birth and marriage, respectively.
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Proper and recorded affidavits constitute notice of the facts recited therein and create a rebuttable presumption that such facts are true and correct. (a) Utilization of affidavits is an acceptable practice and reasonable reliance may be placed thereon.