New Mexico mortgage brokers, use this easy template to prepare an Owner's ⁄ Seller's Closing Affidavit in order to obtain title insurance for a real estate purchase and sale transaction.
The Affidavit contains statements sworn by the owner ⁄ seller regarding:
- the seller's ownership of the property and marital status,
- any liens against the property,
- improvements ordered or contracted for within the last 60 days,
- local improvements done or to be done in the neighborhood by municipal or government authorities,
- structural defects,
- location of utilities,
- violations of any restrictions affecting the property, or any disputes with neighboring owners,
- any lawsuits pending against the seller,
- any bankruptcy or insolvency proceedings against the seller,
- the seller's acknowledgement that the statements will be relied upon by the mortgagee and the title insurance company.
This New Mexico Owner's ⁄ Seller's Closing Affidavit form is available as a downloadable and fully editable MS Word document.
OWNER’S/SELLER’S CLOSING AFFIDAVIT (NEW MEXICO) STATE OF NEW MEXICO ss: COUNTY OF ______________________, Note: In this instrument, the pronoun “I” shall mean “We” when there is more than one Owner/Seller. I, _________________________________ [name of Affiant], of ________________________________________ [address], in the [City/Town] of _________________, State of New Mexico, on this ________ day of ___________________, _________, as Affiant, being sworn, deposes and says that: 1. I am at least twenty-one (21) years of age. I am the sole owner of the real estate and improvements located at _____________________________________________________ [address] (the “Property”). I received a deed to the Property dated the _______ day of _______________________, ________. I am now the seller of the Property. 2. [I am not married./We have been and are now married to each other.] 3. In this Affidavit, a lien is a legal claim of another against property for (a) the payment of a debt or (b) the performance of an obligation. There are no liens against the Property as a result of (a) debts that I owe or (b) obligations that I have undertaken, except for the following: (i) Real estate taxes and assessments for this year; (ii) Other: ____________________________________________________________________ 4. During the last sixty (60) days prior to the execution hereof, I have made no repairs, additions or improvements, nor have I ordered or contracted for any labor or materials to be performed or furnished to the Property which have not been paid in full. I do not owe any money for improvements, labor or materials performed on, or furnished to, the Property within the sixty (60) days immediately preceding the date hereof. Nor have I received any notice from anyone claiming to not have been paid in full. There are no outstanding or disputed claims for any such work or items. No such work is now in progress. 5. I have paid fully for any and all fixtures, appliances or other personal property attached to, or otherwise used with, the improvements on the Property. 6. There has been no work done, and I have not received notice that any work is to be done, by the city, village, county, township, state, or any sewer district or other governmental authority, or at its direction, in connection with the installation of sewer, water, curbs, sidewalks, streets or alleys, or any repairs or improvements thereto. 7. I have not received notice from any governmental authority for the removal or abatement of any nuisance. I have not received any notice of condemnation or other exercise of the power of -2- eminent domain, nor have I received any notice for the violation of any zoning regulations concerning the Property. 8. To the best of my knowledge, there are no hidden structural defects in the Property. 9. Any and all of the utilities and improvements concerning the Property are located within the boundary lines of the subject real estate, within lands dedicated to public use, or within recorded easements for the same. There have been no violations of any restrictions affecting the Property. There are no disputes with any adjoining property owners as to the location of property lines or the encroachment of any improvements. 10. There are no pending lawsuits against me in any court. I have not received notice of any pending lawsuits against me. 11. I am not a debtor in any proceeding under the bankruptcy laws of the United States of America, and no bankruptcy or insolvency proceedings have been started by or against me. No receiver or tr
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