Affidavit of Title Form

Affidavit of Title Form

What Is an Affidavit of Title?

An Affidavit of Title is a legal document that can be used during the process of selling real estate to certify certain facts about the seller of a property and the property itself. The purpose of the document is to provide information about whether a piece of property that is being sold (or the seller) can have any potential legal issues in the future. A printable Affidavit of Title Form can be downloaded via the link below.

Alternate Name:

  • Title Affidavit.

A Title Affidavit is a statement of fact made by a seller under oath that contains information about the property and is notarized. Each state has its own regulations that apply to the Affidavit's content and format, so before writing one the seller should check their state's applicable law or make an appointment with a local lawyer.


How to Fill Out a Title Affidavit?

A common Affidavit of Title Form should attest to any legal issues that can involve the property and should confirm that the seller is its actual legal owner. The Affidavit should cover the following topics:

  1. Property. Information about the property should include its address, whether there are any leases signed on this property (including information about tenants and other occupants), if there are any other owners of the property, etc.
  2. Title. The affiant can use this part of the title affidavit to indicate when and how they have obtained their title of ownership.
  3. Improvements. If the affiant has made any additions, alterations, or improvements to the property, they should describe them in this section of the affidavit. They can also designate whether the charges for municipal improvements (sewers, sidewalks, curbs, etc.) have been paid in full or not.
  4. Lawsuits. If the property has been involved in any lawsuits or if there are any claims connected with the property the affiant can include this information in the document.
  5. Easements. Affiants can use this part of the document to indicate whether they have signed an Easement Agreement connected with the selling property. If so, they must list the agreements and designate who has the right of easement in accordance with them.
  6. Bankruptcy. Here, the affiant can state whether they have ever been declared bankrupt, or whether any bankruptcy or insolvency procedures have been started against them.
  7. Other Provisions. In addition to everything mentioned in the document, the affiant can state whether there are any tax warrants, liens, encumbrances, adverse claims, or other legal obligations against the property.

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