Affidavit of Title - Individual

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Affidavit of Title - Individual Powered By Docstoc
					This affidavit of title is used when an individual owns real property and wants to sell the
property. It states that the seller is the sole owner of the property and has the right to
transfer it. Most states require an affidavit of title which specifies that the seller owns
the property. The affidavit provides added protection for the buyer that the property is
free and clear of any major legal problems involving claims of ownership by other
parties. This document is usually required by a title company issuing title insurance at
the closing of the sale.
                            AFFIDAVIT OF TITLE INDIVIDUAL

STATE OF ____________)

                                 ) S.S.:

COUNTY OF __________)


I/We, _______________ [NAME OF PERSON(S) MAKING AFFADAVIT] [name], being
duly sworn, deposes and says under oath the following:


1. Representation – The statements in this Affidavit are true to the best of my/our knowledge,
information and belief.


2. Name, Age and Residence – I/We have never changed my/our name or been called by any
other names. I/We am/are a citizen(s) of the United States and at least 18 years old. I/we do
reside at: _____________________________________ [PROVIDE ADDRESS OF PERSON(S)
MAKING AFFADAVIT]


3. Ownership of Property – I/We am/are the sole owner of the Property located at
______________________ [PROVIDE ADDRESS OF THE PROPERTY][Address] (the
“Property”) and I/We have full rights and power to sell and transfer the described Property. I/We
now desire to sell/mortgage this Property to _____________________ [NAME OF
BUYER/MORTGAGEE].


4. Possession of the Property – I/We am/are in sole possession of this Property. There are no
other tenants or occupants occupying the Property nor there are any claims relating to the
ownership and possession of the Property. Except for my/our agreement with the
Buyer/Mortgagee, I/we have not signed any agreement or contract to sell or transfer ownership
of the property.


5. Improvements – No additions, alterations or improvements has been made to this Property
within the past ____ months. I/We have obtained all necessary permits and certificates of
occupancy. I/We have paid up-to-date and in full, all expenses and charges for municipal
improvements such as sewers, sidewalks, curbs or similar improvements benefiting this property.
There are no monies due and owing for constructions, alteration or repair work on this property.


6. No Mortgages or Liens – There are no mortgages, liens, security interests, or other


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encumbrances now existing or to be created in the future which will affect my/our ownership of
this property.


7. No Suits, Judgements, or Bankruptcy or Insolvency Proceedings – There are no pending
suits or judgments, executions, attachments in any court or other forum against me/us or any
other legal obligations which may be enforced against the property. There are no bankruptcy or
insolvency proceedings against me/us. I/We have never been declared bankrupt. No one has any
security interest in any personal property or fixtures on this Property.


8. Exceptions and Additions –The following is a complete list of exceptions and additions to
the above statements. This includes all liens or mortgages which are not being paid off as a result
of this transaction ___________________________________________
{Instruction: Provide a complete list, if applicable. If there are no additions or exceptions,
write "None" in the space provided. NOTE: It is critical to list each and every addition and
exception in this section if any exist. Failure to do so will often lead to lawsuits or other legal
actions, and the financial costs would likely be significant in that case. Parties are strongly
encouraged to be completely candid and open, and should err on the side of over-inclusion
here, rather than possibly not listing an item that might or might belong here.}

9. Inducement to Buyer – I/We make this affidavit for the sole purpose of inducing the
Buyer/Mortgagee to purchase/mortgage the Property I/We are aware of the fact that the
Buyer/Mortgagee will rely on our truthfulness and the statements made in this affidavit.


___________________________                             ____________________________
Deponent(s) Signature

___________________________                             ____________________________
Print name(s)

{Instruction: Do NOT write below this point. These spaces will be filled out by the notary
public, or by another authorized person.}

Sworn to before me this _________________ day of ______________________, 20_____


______________________________
[signature]

_____________________________
Title

Commission expiration date:




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DOCUMENT INFO
Description: This affidavit of title is used when an individual owns real property and wants to sell the property. It states that the seller is the sole owner of the property and has the right to transfer it. Most states require an affidavit of title which specifies that the seller owns the property. The affidavit provides added protection for the buyer that the property is free and clear of any major legal problems involving claims of ownership by other parties. This document is usually required by a title company issuing title insurance at the closing of the sale.
This document is also part of a package Business Formation Starter Kit 12 Documents Included