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Affidavit Of Loss Title Template for Hong Kong

The Affidavit of Loss Title is a formal sworn statement used in Hong Kong to declare the loss of an original title document and request its replacement. This legal document, governed by Hong Kong law including the Oaths and Declarations Ordinance (Cap. 11), requires the deponent to provide detailed information about the lost title, circumstances of its loss, and confirm their continued ownership rights. The affidavit must be sworn before a Commissioner for Oaths and includes specific indemnification clauses protecting relevant authorities when issuing replacement documents. It serves as a crucial instrument in maintaining proper asset documentation and ownership records within Hong Kong's legal framework.

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What is a Affidavit Of Loss Title?

The Affidavit of Loss Title is a critical legal document used in Hong Kong when an original title document has been lost, stolen, or destroyed. This sworn statement is required by various Hong Kong authorities, including the Land Registry and Transport Department, as part of the process to obtain replacement title documents. The affidavit must include specific details about the lost document, circumstances of loss, and confirmation of continued ownership, while complying with the Oaths and Declarations Ordinance (Cap. 11) and other relevant Hong Kong legislation. It serves as both a formal declaration of loss and a legal undertaking, protecting the interests of all parties involved in the replacement process. The document is particularly important in real estate transactions, vehicle ownership, and other significant asset matters where proof of ownership is crucial.

What sections should be included in a Affidavit Of Loss Title?

1. Title and Venue: States the document type and jurisdiction (Hong Kong)

2. Deponent Information: Full name, ID/passport number, and address of the person making the affidavit

3. Property/Asset Description: Detailed description of the property/asset for which the title was lost

4. Original Title Details: Information about the lost title document including reference numbers, date of issue, and issuing authority

5. Circumstances of Loss: Detailed explanation of how and when the title was lost or destroyed

6. Search and Recovery Efforts: Description of attempts made to locate the lost title

7. Current Ownership Confirmation: Declaration that the deponent remains the rightful owner and no transfer or encumbrance has been made

8. Indemnification Statement: Promise to indemnify relevant authorities against claims arising from issuing a new title

9. Verification Statement: Formal declaration that all stated information is true and correct

10. Execution Block: Space for signature, date, and commissioner for oaths' attestation

What sections are optional to include in a Affidavit Of Loss Title?

1. Police Report Reference: Include when a police report was filed for the lost title, providing report number and details

2. Previous Title History: Include when there have been previous instances of title replacement or significant transfers

3. Mortgage Status: Include when the property/asset is subject to a mortgage or other encumbrance

4. Additional Declarants: Include when multiple parties need to make declarations (e.g., co-owners)

5. Corporate Authorization: Include when the affidavit is made on behalf of a company, including board resolution details

What schedules should be included in a Affidavit Of Loss Title?

1. Supporting Documents: Copies of relevant documents such as purchase agreements, registration records, or other proof of ownership

2. Search Records: Results of official searches conducted to verify current registration status

3. Identity Documents: Copies of deponent's identification documents

4. Police Report: Copy of police report if filed

5. Public Notices: Copies of any public notices published regarding the lost title

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Document Type

Affidavit

Cost

Free to use

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