Real Estate Law

Affidavit of Title

Affidavit of Title

Affidavit of Title

An Affidavit of Title is a sworn statement made by a property seller, confirming their ownership and disclosing any known issues affecting the property. Key aspects include:

1. Verifies the seller’s legal right to sell the property

2. Discloses any liens, encumbrances, or claims against the property

3. Confirms there are no undisclosed tenants or lease agreements

4. States that no work has been done that could result in mechanic’s liens

5. Typically used in real estate transactions

6. Must be signed under oath and notarized

This document protects buyers and lenders by providing assurance about the property’s title status. It helps identify potential issues that could affect the transfer of ownership. If any statements in the affidavit prove false, the seller may be held legally responsible. Title insurance companies often require this document as part of their underwriting process. While not a substitute for a title search, an Affidavit of Title adds an extra layer of protection in property transactions.

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