Missouri Name Affidavit of Buyer

State:
Missouri
Control #:
MO-CLOSE5
Format:
Word; 
Rich Text
Instant download

Description

The Buyers Name Affidavit is for the Buyer to provide a statement of his or her legal name and signature, as well as to certify to other "known as" names. Many times persons sign documents in different ways and the name affidavit is necessary to clarify that the signatures are one and the same person. i.e. John Jones, John T. Jones and J.T. Jones are one and the same person.

Key Concepts & Definitions

Name Affidavit of Buyer: An official document in which the buyer of a property or asset declares, under oath, that they are the true individual whose name appears on the purchase documents. This affidavit is typically used to resolve any discrepancies regarding the buyers identity, such as variations in name spellings across different documents.

Step-by-Step Guide

  1. Gather Necessary Identification: Before drafting a name affidavit, collect all relevant identification documents that have your name, such as a driver's license, passport, and social security card.
  2. Contact a Legal Professional: It's advisable to work with a lawyer or a notary public to ensure the affidavit is legally binding and properly formatted.
  3. Draft the Affidavit: The affidavit should include your full legal name, any previous names or aliases, and a statement declaring that you are the same person referred in different name spellings on related documents.
  4. Sign Before a Notary: Ensure the affidavit is signed in the presence of a notary public to attest to the authenticity of the document and your identity.
  5. Use the Affidavit as Required: Submit the affidavit to the relevant parties, such as a title company or mortgage lender, to proceed with the transaction.

Risk Analysis

  • Identity Verification Failures: Improperly prepared name affidavits can lead to delays in transactions or legal disputes regarding the buyers identity.
  • Legal Consequences: Submitting a false affidavit can lead to serious legal consequences, including fines or imprisonment for perjury.
  • Data Mismanagement: Handling sensitive personal data requires careful attention to security to prevent identity theft or data breaches.

Pros & Cons

Pros:
  • Clears up any confusion regarding the identity of the buyer in official documents.
  • Facilitates smoother legal and financial transactions by providing concrete proof of identity.
Cons:
  • Requires additional effort and possible legal guidance, which can incur extra costs.
  • Risks legal penalties if not handled correctly.

Best Practices

  • Accurate Information: Always ensure that all information provided in the affidavit is correct and verifiable.
  • Professional Help: Engage legal assistance to draft and review the affidavit to avoid potential pitfalls.
  • Regular Updates: Update your affidavit as required, especially if there have been any changes to your legal name or personal circumstances since the last document was prepared.

FAQ

Who needs a name affidavit?
Anyone involved in a legal or financial transaction where proof of identity is required due to name discrepancies on official documents.
Is a name affidavit legally binding?
Yes, when signed in front of a notary, it is legally binding.
How often should a name affidavit be updated?
It should be updated any time there is a legal change to your name or personal circumstances.

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FAQ

An Application for Missouri Title and License (Form 108) Document, completed in full and signed, including the following: If applicable, a notarized Lien Release (Form 4809) is required. Submit an $8.50 duplicate title fee and a $6.00 processing fee.

The license office might also require you to have with you a bill of sale and a notarized statement of facts (a paper indicating how you came into possession of the vehicle and why you have no title).Your title will be marked "bonded".

Remember: All sellers and purchasers must print their names and sign the back of the title in the assignment area. These signatures do not need to be notarized. The seller must write in the odometer reading and date of sale. You may not use correction fluid (white-out) or erase marks from the title.

The old law required every other year inspections for vehicles more than 5 years old.Vehicle maintenance workers are to check a vehicle's braking, steering and exhaust systems. Lights, turn signals, wipers, seat belts, tires and the horn are also checked.

General Affidavit Form (DOR-768) Note that some require notarization of the applicant's signature. Non-Use (notary required): Must be completed when applicant asks to license a vehicle that has not been operated on the highways, and applicant wishes to have registration fee prorated.

Where Do I Sign a Missouri Title? Sign the back of the title where it reads "Signature(s) of All Seller(s)." Print your name on the back of the title where it reads "Hand Printed Name(s) by Seller(s)."

Missouri does not require that lien waivers be notarized in order to be effective. However, there are specific signature requirements that apply to residential jobs.

The original title with back assignment filled out. The Application for Missouri Title and Registration. Proof of insurance. Certificate of safety inspection. Payment for all fees and taxes. Your driver's license.

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Missouri Name Affidavit of Buyer