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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 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 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 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.] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 I. EXHIBIT A PROPERTY DETAILS AND DESCRIPTION © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 II. EXHIBIT B LIENS © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
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