A same name affidavit in Florida is a sworn, notarized statement confirming that two or more versions of a name on legal documents belong to the same person. Title companies, lenders, and probate clerks ask for one whenever the name on a deed, credit report, or death certificate doesn’t match the name on a current government ID. Signed before a notary and recorded with the county clerk, it creates a permanent link between the variations so a closing, loan, or estate transfer can move forward.
When You’ll Be Asked for One
Real estate closings are the usual trigger. If the current deed reads “Robert J. Smith” and the driver’s license says “Robert James Smith,” the title company flags the mismatch before issuing a title insurance policy, and the closing stalls until a same name affidavit ties the two names together. The same thing happens when a maiden name sits on an older deed, when a middle initial got dropped years ago by a data-entry clerk, or when a suffix like Junior appears on one document and not another.
Mortgage underwriting runs into the same problem from the credit side. A borrower’s report might list “Maria L. Garcia,” “Maria Garcia-Lopez,” and “Maria Lopez Garcia” as three separate identities, and the loan can’t be approved until a sworn affidavit confirms they’re one person. Title insurers rely on the same document to clear what the industry calls a “cloud” on title: an unresolved name discrepancy that could invite a future challenge to ownership.
Probate brings its own version. The name on a death certificate often doesn’t exactly match the name on the decedent’s deed or financial accounts, and an heir or personal representative may need to file a same name affidavit to confirm the person named on one document is the person named on the others before assets can move.
What the Affidavit Has to Say
The document opens with your current legal name exactly as it appears on your government-issued ID. Every name variation in the public record then gets listed: maiden names, prior married names, middle initials versus spelled-out middle names, suffixes, nicknames used on earlier filings. Variations used interchangeably are usually labeled “Also Known As” (AKA); earlier names you no longer use, like a pre-marriage surname, are labeled “Formerly Known As” (FKA).
Identifying details anchor the affidavit to one person. A Florida driver’s license number or U.S. passport number pins the name variations to a verifiable identity. You also state that you are at least eighteen and have personal knowledge of the facts in the document.
Accuracy matters more here than people expect. Every variation that shows up in the chain of title or on the credit report needs to appear. Miss one and the clerk or the lender’s underwriting department can bounce the file weeks later. Most Florida title companies and many county Clerk of the Circuit Court websites offer standardized forms, and if you’re already working with a title agent or closing attorney, they’ll usually draft it for you and hand it over for review and signature.
Getting It Notarized
A same name affidavit has to be signed under oath before a notary public. The notary verifies your identity, watches you sign, and completes a jurat confirming the statement was sworn. Florida law requires that jurat to show the venue as “State of Florida, County of [name],” the date, whether you appeared in person or online, your name, the type of ID used, and the notary’s signature, printed name, and official seal.1Florida Legislature. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties
The notary can accept a Florida driver’s license or state ID, a U.S. passport, a foreign passport stamped by U.S. immigration, an out-of-state driver’s license, or a military ID. The ID must be current or issued within the past five years and carry a serial or identifying number.2Florida Senate. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties Before you leave the notary, check that the seal is stamped, the county is filled in, and the jurat is complete. A blank venue or missing seal is the most common reason a county recorder or lender kicks the document back.
Florida notaries may charge up to $10 per notarial act for in-person work.1Florida Legislature. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties
Remote Online Notarization
You don’t have to appear in person. Florida permits remote online notarization (RON) for affidavits and other sworn statements under Part II of Chapter 117.3Florida Legislature. Florida Code Chapter 117 – Notaries Public The notary has to be physically located in Florida; you can be anywhere.
Identity verification is tighter online. You present a government ID on camera for automated credential analysis, then answer knowledge-based authentication questions pulled from public and proprietary databases: at least five questions with five choices each, answered within two minutes, with at least 80 percent correct.4Florida Legislature. Florida Code 117.265 – Online Notarization Procedures The session is recorded on audio-video. If your credit is frozen or your data footprint is thin, the authentication databases may not have enough on you to pass, and you’ll need to sit in front of a notary in person.
Recording the Affidavit and What It Costs
When the affidavit relates to real estate, the signed and notarized original is recorded in the Official Records of the Florida county where the property sits. The Clerk of the Circuit Court handles the filing, making the affidavit a permanent part of the public record tied to the property. Title agents normally take care of this at closing.
Recording fees are set by state statute and are the same across every Florida county: $10 for the first page and $8.50 for each additional page.5Florida Legislature. Florida Code 28.24 – Service Charges Most same name affidavits run one or two pages, so plan on roughly $10 to $18.50. There’s also a $1 indexing charge for each name beyond the first four, which can matter if the affidavit lists a long string of variations.
Once recorded, the clerk assigns an instrument number and a book-and-page reference. The filing puts the world on notice that the name variations have been reconciled, and future title searches will surface the affidavit so the next buyer or lender doesn’t hit the same mismatch.
When This Affidavit Won’t Do the Job
A same name affidavit links variations of the same underlying name: a maiden name to a married name, a nickname to a legal name, a misspelling to the correct spelling. It can’t be used to adopt an entirely new name unrelated to any prior name. That takes a court-ordered name change under Florida’s Chapter 68, which requires a petition in your county of residence and fingerprints submitted for state and federal criminal background checks through FDLE and the FBI before a hearing.6Florida Senate. Florida Code 68.07 – Change of Name Restoring a former name, such as reverting to a maiden name after divorce, is exempt from the fingerprint requirement.
Federal agencies also won’t accept a same name affidavit in place of their own procedures. The Social Security Administration requires original or certified documents proving both your old and new names to update your record, and notarized copies are explicitly rejected.7Social Security Administration. Application for a Social Security Card (SS-5) If the name change happened more than two years ago, SSA may ask for additional proof of identity in both names.
What Happens If You Lie on It
Because the affidavit is sworn, a false statement carries real criminal exposure. Florida treats a false statement under oath outside an official court proceeding as a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine, and a mistaken belief that the lie didn’t matter is not a defense.8Florida Legislature. Florida Code 837.012 – Perjury When Not in an Official Proceeding
The stakes jump sharply if the false affidavit is used to get a mortgage. False information about a borrower’s identity in a loan file meets the federal definition of mortgage fraud, which can bring prison time, restitution, and heavy state and federal fines.9Federal Housing Finance Agency. Fraud Prevention Regulated entities like Fannie Mae and Freddie Mac are required to report suspicious activity to law enforcement, so a falsified identity affidavit in a loan file is unlikely to stay buried.