---
title: "Closing Affidavits Explained: Occupancy, Name, Title | MCC"
description: "What each affidavit in your mortgage closing package says, who signs it and why it must be true. Need them notarized? Book a NJ notary in 2 minutes."
url: "https://mcc-solutionsnj.com/notary/guides/affidavits-in-a-mortgage-closing-package"
---

Guide · Updated October 12, 2026

# Common Affidavits in a Mortgage Package Explained

Tucked into the stack of loan documents are several sworn statements. They are brief and easy to skim, yet each contains promises you are responsible for.

By [Matthew Coleman](/about), MCC Solutions

**Quick answer.** The mortgage closing package includes several sworn statements, such as an occupancy affidavit stating whether you will live in the home as your primary residence, use it as a second home or hold it as an investment. The lender prices the loan on this answer, and misstating it can have serious consequences.

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## Occupancy affidavit

This states whether you will live in the home as your primary residence, use it as a second home or hold it as an investment. The lender prices the loan based on this answer. Misstating it can have serious consequences.

Have a closing coming up? [The closing package (signing, scanbacks and courier)](/notary/packages/closing-package).

If your plans are uncertain, discuss them with the lender before you sign.

## Name affidavit

If your name appears in different forms across documents, a name affidavit lists them and states they refer to one person. It helps keep the record consistent. It is not a legal name change.

Make sure every variation you actually use is listed correctly.

## Affidavit of title

Sellers typically sign a statement that they have not allowed liens, that there are no unknown claims, and that they are the owner. The title company relies on it when issuing insurance. It is the seller's sworn word, so check that it is accurate.

Mention any unpaid contractor or tax issue before closing.

## Compliance and error correction agreements

The borrower may agree to cooperate in fixing clerical errors found after closing, such as a mistyped figure. The document explains how the lender can ask for corrected paperwork. It does not allow the lender to change loan terms without your consent.

Read this one with care and ask the lender to explain its scope.

## How notarization of affidavits works

Some affidavits are sworn before a notary, meaning the signer takes an oath or affirmation that the contents are true. The notary administers it and completes a jurat. Others are only signed. The notary does not question the truth of your statements or advise on them.

If a statement is wrong, do not sign it. Call the lender, and if needed an attorney. Keep your copies of the affidavits with your closing file.

## Who might ask for more and keeping your own record

Beyond the usual set, a lender may ask for a letter explaining a credit inquiry, a statement on how a large deposit was earned, an employment verification or a flood zone acknowledgment. Some are signed with the closing package and some come earlier in underwriting.

These sworn or signed statements should match the records you gave the lender.

After signing, ask for copies of the affidavits and file them with your closing documents. If you are ever asked about an occupancy plan or a name variation, you will know exactly what you stated and when. The notary's journal entry shows only that you signed, not the content.

Signing a sworn statement carries consequences, including penalties for knowingly false statements under certain laws. You do not need to be a lawyer to read a short affidavit carefully. Take a minute with each one, ask the lender to explain terms in plain words, and keep in mind that the person with the notary stamp cannot answer on the lender's behalf.

## Mistakes that get documents rejected

Signing without reading is the common risk. These affidavits are sworn statements, so a signer should only sign what is true. Name mismatches between affidavits and the ID also cause trouble. If the signer disagrees with a statement, stop and contact the lender or title company before continuing.

## Checklist before you book

Read each affidavit. Make sure names match the ID and the loan documents. Ask the title company about anything unclear. Do not sign statements you believe are untrue.

## Common questions

**Is an affidavit the same as a notarized statement?**

An affidavit is a sworn statement. A notarized statement may be an acknowledgment or a jurat depending on the certificate.

**What if I disagree with an affidavit?**

Do not sign. Ask the lender or title company to explain or revise it.

**Do all affidavits need a notary?**

No. The package tells which do.

## More notary guides

- [Title Company Terms Explained: A Closing Glossary](/notary/guides/title-company-terms-glossary-for-closings)
- [FHA and VA Loan Signings: Extra Forms You May See](/notary/guides/fha-and-va-loan-signing-extra-documents)
- [What Sellers Sign at Closing: The Seller Package](/notary/guides/seller-signing-package-what-sellers-sign)

This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.

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