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Owner Affidavit Template for United States

An Owner Affidavit is a legally binding sworn statement used in United States real estate transactions where property owners declare various facts about their property's ownership, condition, and potential encumbrances. This document serves as a critical tool for title companies and lenders to verify property status and identify potential issues before completing real estate transactions. It includes statements about property ownership, existing liens, recent improvements, and other matters affecting title, and must be notarized according to state-specific requirements.

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What is a Owner Affidavit?

The Owner Affidavit serves as a crucial document in United States real estate transactions, typically required during property sales, refinancing, or other significant property-related transactions. This sworn statement helps protect buyers, lenders, and title insurance companies by having property owners formally declare various aspects of their property's status. The Owner Affidavit includes information about ownership rights, existing liens, recent improvements, boundary disputes, and other potential title issues. It's particularly important for title insurance purposes and helps identify potential problems that might affect property transfer or financing. The document must comply with state-specific requirements and be properly notarized to be legally valid.

What sections should be included in a Owner Affidavit?

1. Affiant Information: Identity and capacity of the person making the affidavit

2. Property Description: Legal description of the subject property

3. Ownership Declaration: Statement of ownership rights and interests

4. Liens and Encumbrances: Declaration regarding existing liens, mortgages, or other encumbrances

5. Verification Statement: Sworn statement of truth and accuracy

6. Notarization Block: Space for notary acknowledgment

What sections are optional to include in a Owner Affidavit?

1. Construction Work Statement: Details of recent improvements or construction work - include when recent construction or improvements have been made to the property

2. Occupancy Statement: Information about current occupants and lease agreements - include when property is or has been leased or occupied by others

3. Bankruptcy Declaration: Statement regarding bankruptcy proceedings - include when required by title company or in cases of previous bankruptcy

What schedules should be included in a Owner Affidavit?

1. Property Survey: Recent survey showing property boundaries and improvements

2. Title Documents: Copies of relevant title documents or deeds

3. Construction Documents: Copies of building permits, contractor agreements, or lien waivers if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use

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