What does an Affidavit of Distinction do?
Imagine you own a house in Louisiana, and there’s a recorded debt against someone with the same name as you. This could cause problems if you try to sell your house, as it might appear that you owe money you don’t. To fix this, you can file an Affidavit of Distinction.
This document clearly states that you’re not the person who owes the debt. You’d provide details like your birth date, social security number, and addresses to show the difference. After signing this affidavit in front of a notary and sending copies to the creditors, you’d file it with your local clerk of court. This way, your property’s title remains clear, and the debt won’t affect you. If the creditor doesn’t acknowledge the mistake within ten days, they could be responsible for any costs you incur because of it. But be careful—if you knowingly provide false information in the affidavit, you could be held liable for any resulting damages.
An Affidavit of Distinction in Louisiana is a legal document that allows an individual to declare they are not the same person as a debtor named in a recorded judgment, lien, privilege, or mortgage. This affidavit is particularly useful when someone with a similar or identical name has a recorded debt, which could potentially cloud the title of an innocent person’s property.
Framework
Under Louisiana Revised Statutes § 9:5501, if an owner of immovable property has a name similar to that of a debtor against whom a judgment has been recorded, they may execute an Affidavit of Distinction before a notary public or an authorized employee of the clerk of court’s office. This affidavit clarifies that the property owner is not the debtor named in the judgment. Once recorded, the judgment does not affect the title to any property the affiant owns or acquires. Justia Law
Procedure
- Preparation of the Affidavit: The affiant provides detailed personal information, including full name, date of birth, social security number, current and previous addresses, employment details, and marital status. This information distinguishes them from the actual debtor.
- Execution: The affidavit is executed before a notary public or an authorized employee of the clerk of court’s office. The affiant must swear to the truthfulness of the information provided.
- Notification: The affiant must mail a copy of the affidavit to each judgment creditor listed, using registered mail, and provide proof of mailing.
- Recording: The executed affidavit is recorded in the public records of the parish where the property is located. This recordation ensures that the affidavit is part of the official property records.
- Creditor’s Acknowledgment: Upon receiving the affidavit, the judgment creditor is required to sign an acknowledgment within ten days, confirming that the affiant is not the debtor named in the judgment. Failure to do so without good cause can make the creditor liable for damages, attorney fees, and expenses. Justia Law
Implications
- Protection of Property Title: Recording the affidavit ensures that the erroneous judgment does not cloud the title of the affiant’s property, allowing for clear ownership and the ability to transfer or encumber the property without issues.
- Liability for False Statements: If the affidavit is fraudulently executed, the affiant is liable for damages, attorney fees, and expenses incurred due to the false affidavit. Justia Law
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