The Affidavit of Identity is a sworn statement published by the Cuyahoga County Fiscal Officer, and it is one of the documents a former owner presents when claiming excess proceeds from a forfeited lands sale, part of the Cuyahoga County property tax process for parcels seized for nonpayment of real estate taxes. The affiant gives a legal name, date of birth and current legal address, and names the ID shown to the notary public. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the Fiscal Officer at the official link.
Last updated
What is Affidavit of Identity – Cuyahoga County, OH?
The Affidavit of Identity is a sworn statement published by the Cuyahoga County Fiscal Officer in which the affiant states a legal name, date of birth and current legal address, identifies the ID presented to a notary public, and certifies that the contents are true and correct.
The form is printed on the Cuyahoga County Fiscal Department, Budget Commission letterhead and has two parts. In the first, the affiant completes items 1 through 5 and signs and dates. In the second, a notary public completes an acknowledgment that the person appeared, proved identity on the basis of satisfactory evidence and executed the instrument, then signs, prints a name and applies a seal.
The Fiscal Officer's Forfeited Lands page places the Affidavit of Identity among the documents a defendant or former owner presents to claim excess proceeds under Ohio Revised Code 5723.11. The Fiscal Officer acts as the selling agent for the State of Ohio at the Forfeited Lands Sale. A former owner of a parcel sold there may be reimbursed the difference between the sale amount and the total of the tax, assessment, penalty, interest and costs of sale.
The affidavit is only the identity piece of that claim. The same page lists a separate application, proof of identification, proof of prior homeownership and a W-9, so this form does not replace any of them.
Who needs to file Affidavit of Identity – Cuyahoga County, OH?
The defendant or former owner of a parcel sold at a Cuyahoga County Forfeited Lands Sale who is claiming excess proceeds presents the Affidavit of Identity with the claim. The Fiscal Officer's page lists it together with the application, proof of identification, proof of prior homeownership and a W-9.
Other claimants:
- Someone claiming on the former owner's behalf: additional information may be required, according to the Fiscal Officer's page. The form has a single affiant, who swears to his or her own name, birth date and address.
- An estate of a deceased owner: the claimant must provide proof of authority dated within two years of submitting the claim, a death certificate and Form 1.0 identifying estate heirs and legatees (Probate Form 1.0). The page does not say whether an additional Affidavit of Identity is needed in that case.
Anyone signing must be ready to appear before a notary public with identification, because the form records the ID presented to the notary. Buyers at the sale do not use this form; it concerns payment of excess proceeds to a former owner.
When to file Affidavit of Identity – Cuyahoga County, OH
The Affidavit of Identity is submitted with the excess proceeds claim, and claims must be made prior to one year after the date of the Forfeited Lands Sale, according to the Fiscal Officer's page. The form itself prints no separate due date.
Ohio Revised Code 5723.11, cited on that page, allows the prior owner to request the excess proceeds when forfeited lands sell for more than the tax, assessment, penalty, interest and costs of sale. Before the claim is paid, it is confirmed that the property was sold at the most previous Forfeited Lands Sale.
After you submit the documents, allow at least six weeks for review and approval of the distribution. All documents are sent to the Cuyahoga Prosecutor, in the case's file, for review. Have the notary complete the affidavit before you send the package, so the claim is not delayed.
Documents you need
- Application for excess proceeds: presented with the Affidavit of Identity by the defendant or former owner of the parcel.
- Proof of Identification: presented by the former owner; the affidavit also records which ID was shown to the notary (driver's license, passport, state-issued identification card or military ID).
- Proof of Prior Homeownership: presented by the former owner with the claim.
- A W-9: presented by the former owner with the claim.
- Proof of authority to claim on behalf of an estate, dated within two years of submitting the claim: only when recovering funds for a deceased owner's estate.
- Death certificate: only when claiming on behalf of a deceased owner's estate.
- Form 1.0 identifying estate heirs and legatees (Probate Form 1.0): only when claiming on behalf of a deceased owner's estate.
How to fill out Affidavit of Identity – Cuyahoga County, OH
Enter your legal name
Item 1: write your legal name as the affiant, the person swearing to the statement.
Enter your date of birth
Item 2: write your date of birth.
Enter your current legal address
Item 3: write the address that is your current legal address.
Mark the ID you presented
Item 4: check the box for the ID you present to the notary public: Driver's License, Passport, State-Issued Identification Card or Military ID.
Sign and date as affiant
Item 5 is your certification under penalty of perjury that the affidavit and all of its contents are true and correct to the best of your knowledge. Sign on the Affiant's Signature line and enter the date.
Have the notary complete the acknowledgment
The notary fills in the date and year, their name and your name in the BE IT REMEMBERED paragraph, then signs, prints a name and applies the seal.
Review and download the completed PDF
Check that items 1 through 4 match your identification and that the signature areas are ready. Download or print the completed PDF from FillingPDF and assemble the package described under How to submit.
How to submit Affidavit of Identity – Cuyahoga County, OH
The Fiscal Officer's page gives two ways to submit the application and supporting documents, which include the Affidavit of Identity: by email or by mail or delivery to the Budget Commission.
- Email: [email protected]
- Mail or in person delivery address: Cuyahoga County Budget Commission, Room 3-100, 2079 E 9th Street, Cleveland, Ohio 44115.
Send the affidavit with the rest of the claim documents: the application, proof of identification, proof of prior homeownership and a W-9. For a deceased owner's estate, add the proof of authority, death certificate and Probate Form 1.0 described on the page.
If you believe you are due a payment from the overage of the sale of your property, the page lists 216-443-7010 for questions. The Forfeited Lands Department can be reached at 216-443-7420, Option 5, or [email protected]. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Submitting the affidavit alone: the Fiscal Officer lists it with the application, proof of identification, proof of prior homeownership and a W-9.
- Filing the claim later than one year after the date of the Forfeited Lands Sale; claims must be made before that date.
- Leaving the box in item 4 unmarked, so the form does not show which ID was presented to the notary public.
- Signing and dating item 5 without having the notary complete the acknowledgment block, which needs the notary's signature, printed name and seal.
- Omitting the proof of authority dated within two years, the death certificate or Probate Form 1.0 when claiming for a deceased owner's estate.
- Assuming a person claiming on the owner's behalf needs nothing more: the Fiscal Officer says additional information may be required.
- Sending the documents to a different office instead of the Budget Commission email or Room 3-100, 2079 E 9th Street.
Frequently asked questions
What is the Affidavit of Identity from the Cuyahoga County Fiscal Officer?
It is a sworn statement giving the affiant's legal name, date of birth and current legal address, naming the ID shown to a notary public and certifying that the contents are true. The Fiscal Officer lists it among the documents for an excess proceeds claim after a Forfeited Lands Sale.
Who has to submit the Affidavit of Identity?
The defendant or former owner of a parcel sold at a Forfeited Lands Sale who is claiming excess proceeds presents it with the application, proof of identification, proof of prior homeownership and a W-9. Someone claiming for the owner may need to provide additional information.
Does the Affidavit of Identity need to be notarized?
The form includes a notary acknowledgment with a signature, printed name and seal, and item 4 states that you presented ID to the notary public. Plan to sign it at a notary's office with your identification.
What is the deadline for an excess proceeds claim in Cuyahoga County?
Claims must be made prior to one year after the date of the Forfeited Lands Sale, according to the Fiscal Officer's page, which cites Ohio Revised Code 5723.11. The affidavit itself prints no separate due date.
Where do I send the Affidavit of Identity?
Email it with the rest of the claim documents to [email protected], or send it to Cuyahoga County Budget Commission, Room 3-100, 2079 E 9th Street, Cleveland, Ohio 44115. For questions about an overage, the page lists 216-443-7010.
How long does it take to get paid after submitting the documents?
The Fiscal Officer asks you to allow at least six weeks for the documents to be reviewed and the distribution to be approved. All documents are sent to the Cuyahoga Prosecutor, in the case's file, for review.
What else do I need besides the Affidavit of Identity?
The Fiscal Officer lists the application, proof of identification, proof of prior homeownership and a W-9. For a deceased owner's estate, add proof of authority dated within two years, a death certificate and Probate Form 1.0.
Can I fill out the Affidavit of Identity online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form; you still need the notary and must submit the package to the Budget Commission yourself.
Ready to fill out Affidavit of Identity – Cuyahoga County, OH?
Fill out Affidavit of Identity – Cuyahoga County, OH now