Posted by LisaWI on 7/28/11 7:25pm
Msg #391867

This is such a fun document

not really.....this is the 2nd time seeing this document and it makes my head spin. It is a Marital Affidavit. Here is the verbiage....

2. That the following is/are the only name(s) alias(es) or nickname(s) by which any present spouse or former spouse of your Affiant is known or has been known:
(Set out name, alias and nickname of spouse(s); If Affiant is not now married and has never been married, the word “none” must be added)
________________________________________________________________________________

3. That the Affiant is unaware of any change of name, alias or nickname by which said spouse is known, except: (if none, the word “none” must be added)
_________________________________________________________________________________

Reply by Linda_H/FL on 7/28/11 7:31pm
Msg #391871

Wow....I don't like that Affidavit

shouldn't the SPOUSE be signing off on their own other names, aliases or nicknames?

Reply by LisaWI on 7/28/11 7:34pm
Msg #391872

Re: Wow....I don't like that Affidavit

isnt this a kicker.......its a twisted document in my opinion......some lawyer or maybe a wanna-be-lawyer had a lot of time on their hands.....

Ive only done this doc one other time and for the life of me I cant remember how the heck I did it. I will be calling title tomorrow to clarify. If the darn thing made sense, it would be easy....

Reply by Linda_H/FL on 7/28/11 7:42pm
Msg #391873

Is this a NoBS situation? You can do this...:)

If so, example - John Doe is Borrower/Affiant:

Paragraph 2 - he lists all his wife's names, aliases or nicknames; if he's not married, he prints in "None"

Paragraph 3 - same thing - all names or "None".


If this is a husband and wife, then they should each do one for their respective spouse.

At least that's the way it looks to me - this is really twisted.

Good Luck.

Reply by LisaWI on 7/28/11 8:00pm
Msg #391876

Re: Is this a NoBS situation? You can do this...:)

If I remember correctly, for no. 2 they want to know the names of previous spouses of whoever is signing the document, I think....the last time I had this document it was with a Wisconsin title company I do a lot of business for thankfully, as she told me what to do and put up with me ranting about this blasted thing....

Reply by LisaWI on 7/28/11 8:02pm
Msg #391877

Re:Ooops, didnt answer your question Linda

no, its a husband and wife..

are they maybe trying to make sure that no one else could come and claim ownership of the property??

Reply by LisaWI on 7/28/11 8:12pm
Msg #391878

Re:This might help...

paragraph 3:
That this affidavit is made for the purpose of inducing First American Title Insurance Company to insure the title to said property without exception for possible adverse rights, claims, liens, encumbrances or title of or arising from the interest of any spouse, his/her successors or assigns, by reason of Chapter 766, Wis. Stats., and that this Affiant hereby expressly agrees to indemnify and save harmless First American Title Insurance Company from any and all loss arising from any failure to disclose the name of any spouse

Reply by Linda_H/FL on 7/28/11 10:04pm
Msg #391897

I think you're right Lisa...and now I remember having this

one once - what a pain - husband and wife had both been married 3 times before - what a fun time fitting everything into that teeny little space!!

Reply by LisaWI on 7/28/11 10:17pm
Msg #391900

Re: I think you're right Lisa...and now I remember having this

Statutes 766 is our marital laws so Im putting my money on thats what this is about. A phone call to title just to make sure will be done in the morning though.

Now watch, because this is a different title company, they will want something totally different than the other title company wanted on this document.....

Reply by MW/VA on 7/28/11 9:03pm
Msg #391881

I'm not an attorney, so I can't give legal advice on this, of course. My opinion, however, is that this isn't legal. How can someone make a sworn statement regarding another person?? I don't think so. I've never seen anything like that.

Reply by Linda_H/FL on 7/28/11 10:00pm
Msg #391895

Affiant can swear that to the best of their knowledge and belief, their spouse has been known by the following names...blah blah

And that to the best of their knowledge and belief their spouse has never been known by any other name except: blah blah

They can swear to their OWN knowledge and belief but cannot swear to someone else's knowledge.

I think this is a cockeyed Affidavit. Lisa, follow that WI statute that's cited - maybe it will explain it.

Reply by Bob_Chicago on 7/28/11 9:29pm
Msg #391888

Once had a signer who wanted to add a name to a signature-

name affidavit.
He said that his ex-wife allways called him "$hithead". and was about to add it and sign that way.
I was able to talk him out of it after some effort.

Reply by LisaWI on 7/28/11 9:53pm
Msg #391892

Re: Once had a signer who wanted to add a name to a signature-

Too funny Bob...that actually happened to me except it wasnt $hithead, I had a husband and wife who had their own affidavits, so I handed them theirs respectfully telling them to put down alias's that they were known by, as I was showing the wife where to print and sign the said alias's, the husband was filling his out, when I got the document back I started cracking up laughing, he had put down his nickname that they called him at work, I showed his wife and she was rolling on the floor laughing hysterically.....he says to me "but you said all names you are also known as" I said, "yes I did, but I dont think thats exactly what the lender has in mind for this document"

The good times at this job make it all worth it

Reply by MW/VA on 7/28/11 10:06pm
Msg #391898

ROFLMAO. I had those same thoughts about names. LOL n/m

Reply by LisaWI on 7/28/11 10:22pm
Msg #391903

Re: ROFLMAO. I had those same thoughts about names. LOL

I usually look at the husbands and say, "and no, we dont want the names your wife calls you when she is mad at you" This almost always gets a smile and a snicker from the wife...

Reply by Stamper_WI on 7/29/11 6:56am
Msg #391928

Re: ROFLMAO. I had those same thoughts about names. LOL

Think of the names that a person could come up for an ex and possibly make their life hell should it pop up when they are facing an affidavit of their own!
I once signd a guy whose nickname was "Whitey". He once bought a boat in a bar and wrote the agreement on a napkin. Signed it Whitey. When he was taken to court for no paying, that was the aka on the judgement against him. It's been popping up in paperwork ever since.

Reply by Susan Fischer on 7/29/11 3:23pm
Msg #391980

Ha! My line is: 'And no, Sugar-Booger doesn't count.' n/m

Reply by LisaWI on 7/29/11 8:40am
Msg #391938

Got an Answer from Title

This makes it a whole lot easier cause what are the odds this has occurred: Very slim to none....

"Write in none if they have never been married to anyone else **while they have owned the property** and none if they have no legal aliases"