So you’ve decided to sell your home, that’s great! You work with an agent and get your home on the market and in no time you have an offer on your home. Once your agent takes your fully executed contract to the title company, a file will be opened for your transaction. Once the title examiner has finished title work on your home it will be turned it over to the closer and their team to work on getting your transaction closed on time. Once the assistant receives the file they will start to work on getting all of the documentation to clear the items on Schedule C of the commitment. They will reach out to you, the seller with a list of items that they will be needing to accomplish this. Let’s pretend that on Schedule C of the commitment there is a Abstract of Judgment (also called an AJ)from a creditor against a person that has the same name as you. The requirement on this item is to obtain and file for record a release of the AJ. You may start to panic thinking that you’ve never done anything with that creditor and it’s not you. Don’t panic, once you tell the assistant that you are not the same person in that document, they will gather some basic information from you to compare to the information on the document. If it can be proved that you are not one and the same as the person reflected on the AJ, then title will have an affidavit called a Not the Same Person Affidavit. This document will state your name and some basic information showing you are in fact not the same person and will reference the AJ in question. This affidavit will be signed in front of a notary and filed of record. This type of affidavit can be used on other types of liens such as Federal or State Tax Liens and Child Support Liens. If you have any questions regarding this type of affidavit please don’t hesitate to reach out to us. We would love to answer any questions you have about this subject or any other questions you may have.
