Affidavit of Title - Template, Sample Form to Complete

AFFIDAVIT OF TITLE

STATE OF ________

COUNTY OF ________

BEFORE ME, the undersigned authority, on this day personally appeared the Affiant, who, being by me first duly sworn upon oath, deposes and states as follows:

§ 1. Identity of Affiant. My full legal name is ________ (the “Affiant”).

§ 2. Residence. My present residential address is:

________

§ 3. Date of Birth. My date of birth is ________.

§ 4. Ownership of Property. I am the owner of certain real property located in the State of ________, in the County of ________ (the “Property”).

§ 5. Property Address. The street address of the Property is:

________

§ 6. Legal Description. The Property is more particularly described as follows:

________

together with the parcel/tax identification number: ________.

§ 7. Source of Title. I acquired title to the Property by deed dated ________, which deed is recorded in the official records of the County of ________ at Book/Volume ________, Page ________, as Instrument No. ________.

§ 8. Quiet Possession. During the entire period of my ownership, no person has questioned, disputed, or challenged my ownership of or right to possession of the Property, and I am aware of no facts that would call my title or right of possession into question.

§ 9. Improvements. Except as expressly set forth below, there have been no improvements, additions, alterations, or repairs made to the Property within the period that could give rise to any mechanic's, materialman's, or laborer's lien under applicable law, and all charges for any such work, labor, and materials, if any, have been paid in full:

________

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________

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§ 12. Taxes and Assessments. All real property taxes, special assessments, and similar charges due and payable with respect to the Property have been paid, and there are no tax warrants, tax liens, or unpaid assessments against me or the Property that may be enforced against the Property, except: ________.

§ 13. Other Legal Obligations. There are no other legal obligations, contracts of sale, options, or rights of first refusal affecting the Property or my interest therein.

§ 14. Adverse Claims. There are no unrecorded deeds, contracts, claims of adverse possession, boundary disputes, or other adverse claims against the Property.

§ 15. Easements and Rights of Way. Except as shown of record and as disclosed below, there are no easements, encroachments, or rights of way affecting the Property: ________.

§ 16. Bankruptcy. I have never been adjudicated bankrupt nor filed any petition or proceeding under any federal or state bankruptcy or insolvency law that remains undischarged or unsatisfied.

§ 17. Parties in Possession. There are no tenants, lessees, or other parties in possession of the Property, and no person has any right to possession of the Property, except: ________.

§ 18. Identification. I provided the following form of identification to the Notary Public to establish my identity:

________

§ 19. Purpose and Reliance. I make this Affidavit knowing that the statements contained herein are true and correct to the best of my knowledge and belief, and I understand and intend that this Affidavit be relied upon by ________, any title insurance company, lender, purchaser, and their respective successors and assigns, in connection with a transaction involving the Property.

§ 20. Indemnification. I agree to indemnify, defend, and hold harmless any party relying upon this Affidavit from and against any and all loss, cost, damage, or expense, including reasonable attorneys' fees, arising out of or relating to any false statement contained herein.

§ 21. Penalty of Perjury. I declare under penalty of perjury under the laws of the State of ________ that the foregoing statements are true and correct, and I acknowledge that I am subject to the penalties of perjury if any of these statements are false.

AFFIANT:

________

Signature: _____________________

Date: ________

ACKNOWLEDGMENT

STATE OF ________

COUNTY OF ________

On this ________, before me, the undersigned Notary Public, personally appeared ________, who is personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and who, being by me first duly sworn, did depose and state that the matters set forth in the foregoing Affidavit are true and correct.

WITNESS my hand and official seal.

Seal:

Notary Public Name: ________

Signature: _______________________________

My commission expires: ________