§ 751.09.Affidavit Filed At Time of Filing Complaint

Because a Chapter 3.5 action substitutes a court judgment for records that no longer exist, the plaintiff's own sworn account of the property's history carries unusual weight. This affidavit, filed alongside the complaint, has to cover three things in detail: the character of the plaintiff's estate, right, title, interest, or claim, and possession of the property, how long it has existed, and from whom it was obtained; whether the plaintiff has ever conveyed all or part of the property or any interest in it, and if so when and to whom, plus any subsisting mortgages, deeds of trust, or other liens; and whether the plaintiff knows of, or has been told of, anyone else who claims or might claim an adverse interest or lien — naming that person if so.

If the plaintiff can't fully answer any of these points, the affidavit has to explain why. The affidavit becomes part of the judgment roll, and if the plaintiff is a corporation, an officer must make it; if the plaintiff is under guardianship or conservatorship, the guardian or conservator makes it instead.

The affidavit's disclosures don't stay buried in the file. Any adverse claimant it names feeds directly into the memorandum required by § 751.07 and the additional service required by § 751.10.