How to draft an affidavit in place of originals to be notarized
An affidavit is a written version of someone’s evidence or statement of facts. The term affidavit is derived from mediaeval Latin and means “he has stated under oath.” The advantage of presenting evidence in this manner is that each party in a court case knows what the other party’s witnesses will say during the trial. It is useful both in preparing for the court hearing and in providing adequate advice to each party on their chances of success.
Documents, statements hold much importance in our day-to-day life. Ensuring all your certificates, documents are in place has
In the same way that parties can only give evidence in court that is relevant to the case, an affidavit ought to include relevant evidence. Failure to do so may result in a court striking out portions of an affidavit. They may also decide not to present the entire document in court. Furthermore, the court will not accept as evidence outrageous or scandalous assertions contained in an affidavit.
The ‘deponent’ is the person who prepares the affidavit that includes this relevant evidence. A deponent could be any of the following:
- witness;
- expert;
- plaintiff; or
- defendant.
Affirmation of an Affidavit
A critical aspect of providing evidence in affidavit form is ensuring that it is properly witnessed. You must sign the affidavit in front of the authorised witness. It is important to note that by signing, you are declaring the contents of the affidavit to be a true account of your understanding of the facts and issues. In other words, an authorised witness must attest that the contents of an affidavit are ‘true and correct in every particular.’ Typically, authorised witnesses include:
- police officers above the rank of sergeant; andcourt registrars;
- lawyers;
- court registrars;
- public notaries;
- justices of the peace;
Types of affidavit of hardship
How to effectively draft an affidavit of hardship
Financial obstacles can make things tough for people. A deteriorating financial situation can prevent people from paying loan money, closing car or education loans, paying hospital bills etc. In such times, an affidavit of hardship helps the people suffering from financial secure their assets like a home.
The affidavit of hardship is written to provide solutions. An individual can seek to get an adjustment of interest rate, lowering minimum payment amount, suspending due amount, settlement options, modifying loan repayment, and the short sale of a home or other assets.
Anyone can face life-altering incidents and circumstances that can worsen the financial situation of an individual. An affidavit of hardship is an important statement submitted by an individual facing financial difficulty to the concerned lending authority. Some of the issues which can force someone to write and submit the affidavit are:
- Job loss
- Business closure
- Illness, injuries, accident
- Natural disasters
- Death
- Divorce or separation
People facing financial hardship often are unaware of the format and basic essentials to write an affidavit of hardship. On the other hand, if such a scenario arises for an individual they must present the affidavit to find a solution to the financial difficulty faced. The mortgage or loan repayment terms and conditions are strictly regulated and any kind of loan default can lead to stricter punishment. Thus, the statement of hardship must comply with the above-mentioned scenarios to be categorized as hardship.
Tips for writing an effective affidavit of hardship
When an individual faces a tough financial situation, they are required to prepare an affidavit of hardship. But before doing so they must think through several aspects of writing a professional and detailed affidavit that explains their stance.
Here are some important tips that can help in constituting a professional affidavit of hardship.
- Create a concise letter and keep the length to minimum. Avoid over-describing and putting in additional facts to prove your point.
- Often, the lender wants the affidavit in a defined format. Structure your affidavit as per given instruction for ready acceptability. Don’t invent new aspects.
- Explain the hardship faced in a detailed and honest manner. Back the claims of financial difficulties with proper facts.
- Avoid usage of too many difficult words or jargons that might confuse the concern authority and delay the process.
- Mention a clear action plan or solution in the affidavit of hardship. Give a practical reason for the hardship and suggest an achievable solution before the authority.
- If required take help from a financial advisor. Seeking professional advice will help in putting across feasible ways for repayment.
An affidavit of hardship should be professional, personalized and direct to be considered. After the affidavit is submitted, there can be chances of waiver under severe financial difficulties. If an individual is seeking financial help for the professional handling of their loan repayment procedure, they should explain all about the hardship to their advisor. List down all situations and financial obstacles faced as per the guidelines defined by the government in the United States of America. This will help in justifying the position in which the affidavit submitter is facing.
Main elements in an affidavit of hardship
To write a concise affidavit of hardship, the requester must include all the information with integrity and cover all the aspects of the loan. Normally, an affidavit of hardship contains the following elements:
- Name, address, phone number
- Loan number and information
- Short introduction on hardship
- Statement on solution proposed
It is recommended to write the rough draft first. Include all the elements and ensure that all the details of the loan and loan repayment solutions are clearly outlined. An affidavit of hardship is the only way to elaborate on what kind of hardship an individual is facing. The more professional and direct the affidavit is, the more it will be considered as an original document for or modification of loan amount.
Samples of affidavit of hardship
The affidavit of hardship can be written directly by the individual or their hired financial advisor or attorney. Here are the samples for affidavits of hardship as per the types of financial crises faced.
An affidavit of hardship in Job loss
Name: (Full name)
Address: (Address)
Email Address: (Email Address)
Phone Number: (Phone Number)
Sir,
This letter is written to explain the financial situation that I am going through at present. As I owe a repayment of loan number <mention number> taken on <date of loan issuance> to the company <name of the lending firm>, I have information to share.
When the loan was taken my financial situation was better and I was working with <company name> as a <designation>. When the company faced sudden financial upheavals due to market shift, they were forced to cut pay and also cut down the strength of the employees. Unfortunately, the position on which I was working was removed and resulted in my loss of job. Since this is a scenario none of us expects but is required to face, I request the <name of the lending firm> to consider my affidavit of hardship due to job loss. I am also attaching the email response received by my previous employer as proof of the claim made.
On the basis of this scenario, I am also attaching a payment modification proposal. I would like it to consider allowing me more time to close the loan payment and avoid foreclosure of the loan.
Sincerely,
Borrower’s Signature and date
Co-Borrower’s Signature and date
An affidavit of hardship in Business closure
Name: (Full name)
Address: (Address)
Email Address: (Email Address)
Phone Number: (Phone Number)
Respected Sir,
This letter is written to explain the financial situation that I have faced due to unexpected business losses and the loan modification required. I have taken a loan from the company <name of the lending firm> with loan number <mention number> taken on <date of loan issuance>. The repayment schedule is defined as per the loan agreement,
However, I am going through a tough financial phase right now. My business registered on <date> with name <business name> has been forced to shut. I am required to make arrangements to clear the pending dues to the workforce, lenders and associates before the final closure. Due to severe and irrecoverable losses in my business, I am not in a situation to pay back the loan amount. The current financial situation that I am facing is quite distressing for me and my family.
On the basis of this scenario, I am also attaching a payment modification proposal and would like it to consider for allowing me more time to close the loan payment.
Respectfully,
Borrower’s Signature and date
Co-Borrower’s Signature and date
An affidavit of hardship in Illness, injuries, accident
Name: (Full name)
Address: (Address)
Email Address: (Email Address)
Phone Number: (Phone Number)
Respected Sir,
This letter is written to bring to your notice the financial situation that I am going through at present. As I owe a repayment of loan number <mention number> taken on <date of loan issuance> to the company <name of the lending firm>.
I regret to inform the authorities that the looming financial crisis due to an unfortunate accident of my husband <spouse name> has pushed us into a difficult situation. My spouse is likely to go through spine correction surgery in the coming month. To address this medical emergency and payment of medical bills has shaken the financial strength at our end. We have been required to make extra expenses and the majority of planned expenses have been pressed into payment of medical emergency bills. I am attaching the details of my spouse’s medical report, who also happen to be the sole earner of our family.
On the basis of this scenario, I am also attaching a payment modification proposal and would like it to consider for allowing me more time to close the loan payment.
Respectfully,
Borrower’s Signature and date
Co-Borrower’s Signature and date
An affidavit of hardship in Natural disasters
Name: (Full name)
Address: (Address)
Email Address: (Email Address)
Phone Number: (Phone Number)
Sir,
I am writing this letter to explain the financial obstacles that I am facing at present. And the loan repayment of loan number <mention number> taken on <date of loan issuance> from the company <name of the lending firm>.
I would like to present my case of inability to repay the loan amount for a specific period starting <start date> and <end date>due to a cyclone that left my home and personal assets battered. The cyclone unleashed in the state last month devastated me and my family and has robbed us of our assets. It has also pushed us into financial distress and we are now on state benefits for most of our needs. The home, vehicle and personal assets have suffered severe loss. I am forced to direct my earning towards building personal assets from scratch. This uncalled financial emergency has put an immense financial strain on me.
As a reason, on the basis of this scenario, I seek to get some financial relief from the company. I am also attaching a payment modification proposal and would like it to consider for allowing me more time to close the loan payment.
Respectfully,
Borrower’s Signature and date
Co-Borrower’s Signature and date
An affidavit of hardship in Death
Name: (Full name)
Address: (Address)
Email Address: (Email Address)
Phone Number: (Phone Number)
Sir,
I hereby write this letter to explain the impending financial situation that is I will face, due to the sudden demise of my husband <spouse name> on <date>. My husband had taken a loan from the company <name of the lending firm> with loan number <mention number> taken on <date of loan issuance> for buying a home in <complete home address>.
When the loan was taken, my husband was healthy and fit as all medical documents were submitted to the company <name of the lending firm>. Unfortunately, his sudden demise due to cardiac arrest has left me wondering about the loan repayments. After this, I <name of person> am the sole responsible person and legal heir of my husband’s assets.
I am in a sudden financial situation where all the details are yet not clear to me. Therefore, with the help of my financial advisor, I would like to request the <name of the lending firm> to consider my affidavit of hardship, owing to the demise of my husband. I am attaching the loan documents of the home in question here. And will also make an honest plea before the authority to allow me some time and avoid foreclosure in this situation.
Respectfully,
Borrower’s Signature and date
Co-Borrower’s Signature and date
An affidavit of hardship in Divorce or separation
Name: (Full name)
Address: (Address)
Email Address: (Email Address)
Phone Number: (Phone Number)
Sir,
With this letter, I would like to present my case and the financial situation that I am in right now. To the firm <name of the lending firm>, I need to make repayment of a loan with loan number <mention number> taken on <date of loan issuance.
At this point in time, I am going through a personal tragedy. I am parting ways with my partner of 15 years and in the sudden wake of incidents, I feel deeply impacted. Due to this scenario, I am required to settle a hefty and unplanned amount to my spouse as a divorce settlement. Being a single earning member of my family and having only one source of income, I find myself with the sudden burden of financial settlement to be done. As a reason, this affidavit of hardship is presented to you to help me find a practical solution to the impending financial crisis that I am facing.
I am attaching the documents of divorce and settlement sought by my spouse. Also, attaching the loan payment modification proposal along with the loan documents with this letter. I would like you to consider repayment through mutually agreed upon terms and avoid any kind of foreclosure.
Respectfully,
Borrower’s Signature and date
Co-Borrower’s Signature and date
Concluding words
In dire circumstances, high numbers of people seek the way to file affidavits of hardship which can protect an individual from serious financial losses and foreclosure. The affidavit not only provides protection to the individual but also aims to find practical solutions to the repayment of loans. Getting financial advice from a practising attorney can also be beneficial in putting forward a practical case in front of the lenders.
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