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Affidavit Of Title for the United Kingdom

Affidavit Of Title Template for United States

An Affidavit of Title is a legal document used in United States real estate transactions where a property owner swears under oath about the status of property ownership, existing liens, disputes, and other matters affecting the title. This sworn statement helps protect buyers and lenders by providing assurance about the property's title status and serves as a legally binding declaration that can be relied upon during property transfers.

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Affidavit Of Title

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What is a Affidavit Of Title?

An Affidavit of Title is commonly required during real estate transactions in the United States to provide assurance about property ownership and title status. This document is typically requested by title insurance companies and mortgage lenders to verify that the seller has clear title to the property and that there are no unknown liens, disputes, or encumbrances. The affidavit includes statements about ownership rights, existing mortgages, boundary disputes, pending litigation, and any other matters that could affect the property's title. It serves as a legal safeguard for buyers and lenders, as false statements can result in legal penalties for the affiant.

What sections should be included in a Affidavit Of Title?

1. Title and Introduction: Document identification and jurisdiction

2. Affiant Information: Legal name and address of person making the affidavit

3. Property Description: Detailed legal description of the subject property

4. Ownership Declarations: Statements regarding ownership rights and title status

5. Liens and Encumbrances: Declaration regarding any existing liens or encumbrances

6. Verification Statement: Statement of truth and accuracy under penalty of perjury

7. Notarization Block: Space for notary acknowledgment

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

1. Marital Status Declaration: Used when property involves marital rights or is in a community property state

2. Bankruptcy Declaration: Statement regarding bankruptcy status, required by title company or lender

3. Construction Work Declaration: Statement about recent improvements or construction work performed on the property

What schedules should be included in a Affidavit Of Title?

1. Schedule A - Property Description: Detailed legal description of the property if too lengthy for main document

2. Schedule B - Supporting Documents: Copies of relevant deeds, permits, or other supporting documentation

3. Schedule C - Chain of Title: Documentation showing history of ownership transfers

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Affidavit

Cost

Free to use
Clauses




















Industries

State-Specific Requirements: Individual state laws governing property transfers, affidavits, notary requirements, and state recording statutes that vary by jurisdiction

Title 28 U.S.C. ยง 1746: Federal law governing unsworn declarations made under penalty of perjury

False Statements Accountability Act: Federal law (18 U.S.C. ยง 1001) penalizing knowingly false statements in federal matters

State Property Codes: State-specific laws governing real property ownership, transfer, and documentation requirements

Statute of Frauds: Legal requirement that certain contracts, including those involving real property, must be in writing to be enforceable

Deed Recording Requirements: State-specific requirements for recording property deeds and related documents in public records

Title Insurance Requirements: Legal framework governing title insurance policies and requirements for property transfers

Bankruptcy Laws: Federal and state laws affecting property transfers when bankruptcy proceedings are involved

Tax Lien Regulations: Federal and state laws governing tax liens and their impact on property transfers

Marital Property Rights: State laws governing spousal rights in property transfers, including community property and dower rights

RESPA: Real Estate Settlement Procedures Act - federal law governing real estate settlement processes and disclosures

State Consumer Protection Statutes: State-specific laws protecting consumers in real estate transactions

Property Description Requirements: Legal requirements for accurately describing property in official documents

Chain of Title Documentation: Requirements for documenting the historical sequence of property ownership

Notarization Requirements: State-specific laws governing the proper notarization of real estate documents including identification requirements

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