One And The Same Affidavit Template for the United States
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What is a One And The Same Affidavit?
The One and the Same Affidavit serves as a critical legal tool in situations where an individual needs to establish that multiple variations of their name refer to the same person. This document becomes necessary when dealing with property titles, financial accounts, legal proceedings, or other official matters where name discrepancies exist due to marriage, divorce, or other legal name changes. The affidavit must comply with state-specific notary requirements and typically includes supporting documentation such as marriage certificates or court orders. It helps prevent confusion in public records and provides legal protection for both the affiant and institutions relying on the document.
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Frequently Asked Questions
Why does a title company ask for this affidavit?
Because a deed, mortgage or judgment recorded under a slightly different version of a name leaves a gap in the chain of title that a search cannot close on its own. The affidavit lets the examiner tie the records together without reopening each one. The alternative, from the examiner's side, is an exception on the title policy, which is what a lender refuses to accept and what stops a closing. Provide it early rather than at the table, because the examiner has to review it, and a document produced on the day is the one that moves the appointment.
Does the affidavit get recorded in the land records?
Often yes, where the discrepancy affects title, and it is then filed against the same parcel as the deed. County recorders set their own margin, paper and fee requirements, so check them before submitting. The affidavit should carry the legal description and, where possible, the book and page or instrument number of each recorded document it reconciles, since that is how a future searcher finds it. Ask whether the recorder indexes it under every name version listed or only under the signer's current name, because the indexing is what determines whether the next search picks it up.
Can it clear a lien registered against a similar name?
That is the opposite situation, and where a lien in fact belongs to a different person with a similar name it is usually handled by an affidavit of non-identity instead. Be clear which document you are being asked for, because the two say opposite things. Signing a one and the same affidavit in that situation would adopt somebody else's debt as your own, which is the reason examiners are careful about the wording. Where a judgment or tax lien is involved, the examiner will usually want identifying details such as a different middle name, address history or date of birth.
What identification will the notary need?
Current government-issued photo identification in the name you are signing under, and it helps to bring the records evidencing the other versions of the name. If your photo identification shows a name that appears nowhere on the affidavit, sort that out first. Sign in the version of the name the closing documents use, and let the affidavit explain the rest, rather than improvising a signature at the table. Where identification has expired or been lost, ask the notary what the state allows in its place, because some permit a credible witness and others do not.
Will the affidavit be accepted in another state?
Usually, since an out-of-state notarization is generally recognized, but the receiving county's recording rules and the title company's own requirements still apply. Ask the closing agent which form they want before you sign. Underwriters differ from one another as much as counties do, so a form accepted on a previous purchase may not satisfy the insurer on this one. Where the property is in a state you are not in, ask whether the affidavit can be signed remotely and whether the recorder there accepts an electronically notarized instrument, since those two answers are not always the same.
About the One And The Same Affidavit
A One and the Same Affidavit, commonly requested as a one and the same letter, is a sworn statement that lets you declare, under oath, that different variations of a name all refer to one and the same person. It serves as proof of identity consistency when your personal legal name appears differently across records. The document is signed before a notary public and executed under both federal perjury law and state-specific rules so institutions and government agencies will accept it.
What does "one and the same" mean on a letter or affidavit?
The phrase "one and the same" means that two or more names, spellings, or signatures belong to a single individual rather than to separate people. On this form you list every version of the name that appears on your records (for example "Elizabeth A. Carter," "Liz Carter," and "Elizabeth Anne Miller") and swear they identify one and the same person. Some jurisdictions and businesses call the finished statement a "one and the same letter," a "one in the same document," a "one and the same certificate," or a same-person declaration. The wording differs but the purpose is identical: to inform the recipient that recent and older records with different names still point to you.
When do you need this document?
You'll need this letter when a real estate deed shows different name variations, when a bank or lender requires consistent identity verification to open or access an account, or during a transaction where a discrepancy could stall the deal. It comes up often with inherited property, insurance and health plan claims, and professional licensing where your current legal name differs from earlier paperwork. Agencies, banks, and title companies request it to process matters involving marriage, divorce, professional name changes, or a clerical error on file. In each case the result is a single, notarized record that ties every name to one person.
How do you complete and file it?
State your current legal name, every prior or alternate name you've used, your date of birth, and your Social Security number so there is a clear chain of identity. Because that Social Security number is sensitive personal data, only include it if the recipient specifically requires it, and check their privacy handling before you send. Explain the reason for each variation and attach supporting evidence, such as a marriage certificate, divorce decree, or court order. Add proper venue details naming the county and state of signing. The notary verifies your identity from government-issued ID, watches you sign, and completes the notarial certificate. If a county recorder or a business needs the original filed, follow their format and fee rules. If you need a related instrument, GenieAI also offers an Affidavit of One and the Same Person and a Certificate of One and the Same Person.
What goes into the form letter
Rather than typing a one-off statement from scratch, work from a structured form letter that prompts you for each necessary detail. A complete version usually contains these sections:
- Venue block naming the county and state where you sign.
- Affiant identification: your current legal name, date of birth, and address.
- A list of every name variation and the reason each one appears (marriage, divorce, court order, or clerical error).
- The sworn declaration that all listed names are one and the same person.
- Signature line and the notary's jurat or acknowledgment certificate.
GenieAI drafts the full document online and lets you download it as a signable PDF, so you don't need a separate service like PDFfiller to assemble or edit the file. Review each section before signing to ensure the names, dates, and supporting reasons are accurate.
Where and how to submit the letter
The party that asked for the document sets where it goes. Confirm the exact submission method before you sign, because requirements differ by recipient:
- Contact the requesting bank, agency, or title company directly and ask which format they accept and who to address it to.
- Many recipients let you send a scanned copy or PDF by email, then follow up with the notarized original by mail if they need it for their records.
- Some agencies list submission instructions and downloadable checklists on their website, so check for an official page or portal link before you send anything.
- For property records, deliver the signed original in person or by mail to the county recorder handling the home or land at issue.
Does the recipient's compliance center have specific rules?
Larger banks, insurers, and title companies often route identity paperwork through a records or compliance center that has its own intake checklist. The staff who process these filings may believe a witness is required, or expect a particular administrative form, so ask whether they want the letter on a specific form, whether a witness is needed, and how they store your details. Getting this right up front avoids a second notarization and a stalled transaction.
Key legal considerations
Because you sign under penalty of perjury, every statement must be accurate; a false declaration is a federal offense carrying fines and possible imprisonment. Keep the language specific: name each variation, tie it to a cause, and reference the document that supports it. Including a witness who can attest to your identity under different names can strengthen how readily a bank, agency, or other business accepts the statement, though witness rules vary by state.
Legal requirements in United States
Federal perjury law under 18 U.S.C. § 1621 governs the truthfulness of your sworn statements. State notary rules vary, setting local expectations for wording, witnessing, and notarization. Your document should identify the venue (county and state), your full legal name, and your address as the affiant. Most states require the notary to confirm your identity from acceptable ID and log the act. County recording rules on margins, paper, and fees apply only if you file the signed original with public records.
GOVERNING LAW
Applicable law
This One And The Same Affidavit is drafted to comply with United States law. Key legislation includes:
These are the main legal frameworks that shape how a One and the Same Affidavit is prepared, sworn, and accepted across the United States.
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