What is an affidavit of debt?

An affidavit of debt is a written statement made under oath, typically filed by a mortgage servicer, lender, or debt collector in court proceedings to establish the amount owed on a mortgage or other debt. The affiant (the person signing the document) swears that the facts stated are true based on their personal knowledge or review of business records.

In foreclosure cases in Connecticut, the affidavit of debt serves as evidence of the loan balance, payment history, and the borrower's default. It becomes part of the case file and can support a judgment or foreclosure order. However, affidavits of debt are frequently challenged because the signer often lacks direct personal knowledge of the underlying transaction. Servicers typically rely on computer records and transfers of loan files from previous holders, and affidavits that claim personal knowledge without establishing how the signer verified the information can be vulnerable to dispute.

Common challenges include questions about whether the affiant actually reviewed the original loan documents, whether the balance calculation is accurate, and whether the affiant can testify to firsthand knowledge or is merely repeating what appears in digital records. These issues are particularly important in cases where loans have been sold or assigned multiple times. Borrowers and their attorneys, including those in the consumer debt collection defense field, often scrutinize affidavits for lack of foundation, calculation errors, and failure to establish the legal standing of the party submitting the sworn statement.