What is an Affidavit of Title?
An Affidavit of Title is a legal document that is issued by the purchaser of a piece of property specifying the status of potential legal issues involving the property or the seller. The affidavit is a signed statement of facts stating a property's seller holds the title to it.
For example, anyone looking to sell a piece of real estate would need to provide an affidavit of title claiming that the property is theirs, that the property is not being sold to another person, that there are no liens against the property, and that the seller is not in bankruptcy proceedings.
Breaking Down Affidavit of Title
A title affidavit is designed to protect the buyer from pending legal issues that the seller may face. If a problem arises in the future, the buyer will be issued with a written record from the seller, which can be used in legal proceedings.
Contents of an Affidavit of Title
Guidelines for the title affidavit can vary from state to state. The basic contents for a title affidavit include: - The seller's particulars, including name and address. - A declaration that the seller is the sole proprietor of record for the property being sold. - A declaration to state that the seller does not sell the property to anyone else simultaneously. - A declaration that there are no unpaid liens or penalties against the land. - A declaration that the seller has not declared bankruptcy, or is not in bankruptcy proceedings at present.
In addition, unique exclusions may be provided in a title affidavit. For example, the title affidavit might note that a mortgage exists on the property that will only be paid off after closing, or that a specific lien or issue is being resolved. Broader exclusions include items, such as easements, intrusions, and other problems that may not appear on public records.
