Affidavit of No Lien

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Affidavit of No Lien Powered By Docstoc
					This is an affidavit by a property owner acknowledging that the property does not have
any liens or mortgages on it. This document provides legal documentation that clears
both the property owner and potential purchasers of all liens, encumbrances and claims.
This affidavit should be used prior to finalizing a property sale. It can be customized to
fit the needs of the property owner such as if the property is mortgaged.
                                    AFFIDAVIT OF NO LIEN

STATE OF _________                                      )
                                                        ) ss
COUNTY OF ________                        )
[Instruction: Notary will enter State and County above upon execution.]

___________ [Instruction: Insert name of person making affidavit.], being first duly sworn,
deposes and say(s):

    1. That s/he/they is/are the sole owner(s) of the
       following property (“Property”) [Instruction: Revise this sentence to properly describe
       whether male, female or multiple persons executing affidavit.]:



                                 SEE EXHIBIT AATTACHED HERETO

                                                           or

                                           [set forth legal description]

    2. That the statements set forth in this affidavit are true to the best of my/our knowledge,
       information and belief. [Instruction: Revise this sentence to properly set forth
       singular or plural tense.]

    3. That the above Property is free and clear of all liens, taxes, encumbrances and claims of
       every kind, nature and description whatsoever, except for real estate and personal
       property taxes for the year ________________ [Option: , except that certain mortgage
       entered into between _____ as Borrower and ____ as Lender, entered into as of
       _____ and recorded at ______] . [Instruction and Comment: Include appropriate
       year for which taxes have not yet been paid. If the Property is mortgaged, please
       use the Optional language included here and insert appropriate information in
       yellow highlighted portions.] All liens listed on the attached judgment or lien search,
       attached hereto as Exhibit B are not against me/us, [Instruction: Choose proper
       pronoun.] but are against person(s) with similar names.

    4. That ___________________ [Instruction: Insert name of person(s) making affidavit.]
       is not the subject to any bankruptcy, creditor's reorganization or insolvency proceeding
       and none are pending, contemplated or threatened.

    5. That there are no tax, mechanic’s, material-men’s, or laborer’s liens against the above
       Property. We are not aware that anyone has filed or intends to file a mechanic’s lien
       relating to this property. No one has notified us that money is due and owing for



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         construction, alteration or repair work to this property. We have not been notified by any
         governmental agency that a tax lien will be placed upon this property.

    6. That the personal property situated on the Property if any, is being sold to the
       purchaser(s) mentioned below, is also free and clear of all liens, encumbrances, claims
       and demands whatsoever.

    7. That ____________________ [Instruction: Insert name of person in possession of
       Property.] has possession of the Property and that there is no other person in possession.

    8. That Affiant knows of no violations of local ordinances, or State or Federal law
       pertaining to the above described property.

    9. That this Affidavit is made for the purpose of
       ___________________________________. [Instruction: Insert purpose for making
       affidavit.]

    10. That no judgment or decree has been entered in any court of this state or the United
        States against said Affiant which remains unsatisfied.

    11. That there are no existing contracts for sale, options to purchase or unrecorded deeds or
        mortgages existing. [Option: Remove reference to no mortgages if option used in 3.]



STATE OF _______                     )
                                      ) ss.:
COUNTY OF _____________ )
    On the ________ day of _________ , in the year _______, before me, the undersigned, a Notary
Public in and for said state, personally appeared __________________________________, personally
known to me or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her
capacity, and that by his/her signature on the instrument, the person or the entity upon behalf of which the
person acted, executed the instrument.


____________________________________
Notary Public
[Instruction: Notary will fill this section out.]




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                                           I.       EXHIBIT A

                              PROPERTY DETAILS AND DESCRIPTION




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                                           II.      EXHIBIT B


                                                        LIENS




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DOCUMENT INFO
Description: This is an affidavit by a property owner acknowledging that the property does not have any liens or mortgages on it. This document provides legal documentation that clears both the property owner and potential purchasers of all liens, encumbrances and claims. This affidavit should be used prior to finalizing a property sale. It can be customized to fit the needs of the property owner such as if the property is mortgaged.
This document is also part of a package Real Estate Forms for your Business 46 Documents Included