What Is an Affidavit of Title?
An affidavit of title is a sworn statement from a property owner to prove their legal possession and right to sell real estate. Providing an affidavit protects the buyer and enhances transparency for all parties involved. This statement informs the buyer of any liens, claims, or debts related to the property and serves as proof in the event of a legal dispute.
Legal Templates’s free affidavit of title makes it easy to prove ownership for your property. Use our form to create a customizable and compliant affidavit.
An affidavit of title may also be referred to as an owner’s affidavit, seller’s affidavit, owner’s declaration, or borrower’s affidavit.
When to Use an Affidavit of Title
An affidavit of title is often mandated by state law for real estate transactions. Mortgage lenders and title companies also typically require an affidavit before providing a loan or title insurance. Use an affidavit of title to protect both the buyer and seller in various real estate transactions, such as:
- Mortgage or loan agreements
- Title insurance
- Foreclosure proceedings
- Boundary disputes or property claims
An affidavit of title can also be used to prove ownership during a vehicle sale.
How to Write an Affidavit of Title
Writing an affidavit of title requires you to gather and record the relevant property details. Use the following steps to create an effective affidavit of title.
1. Identify the Owner
Provide the complete legal information of the property owner signing the affidavit. Record the owner’s name, date of birth, and social security number. If the property has multiple owners, list this information for each one. Also provide the current address and phone number for each party listed.
2. Describe the Property
Record any relevant and necessary property information. Begin with the full legal address and include a description of any major renovations, improvements, or additions made to the property during your ownership. Record the date on which each change occurred as well. This ensures a buyer understands the condition and history of the property.
3. Record Claims or Issues
Note if there are any current liens, legal obligations, or tax warrants, and whether they impact your right to the property ownership or sale. The owner should also state any adverse claims or bankruptcies. Other potential issues, such as the property’s current tenants or joint ownership, must also be included in this section. Aim to provide a fully transparent record of the property and the owner’s rights and responsibilities.
4. Sign and Notarize
The property owner must sign the affidavit as a sworn statement that the information is correct and accurate. The affidavit also requires a notary acknowledgment and a record of the county in which it was notarized. Exact notarization, filing, and formatting requirements can vary from state to state, so it’s essential to consult your state laws for a compliant and valid form.
Sample Affidavit of Title
Legal Templates’s free affidavit of title sample form includes the proper terms and formatting to prove your ownership. Use our downloadable template, available in both PDF and Word formats, to promote transparency and protect all parties involved.
