An affidavit of title is a term usually in relation to the sale of a property. It is often a part of the legal documentation during the sale. The legal document mentions the present status of all legal issues pertaining to the property at the time of sale. The title serves as valid proof that the seller is the owner of the property. It also confirms that all the information contained in it is true.
An affidavit of title is a term that usually comes up when a property is for sale. Here’s everything you need to know about it.
What is an affidavit of title?
An affidavit of title is a legal document and is from the person selling a property. The document mentions the status of all legal problems that could come up in relation to the property or the seller. It is a statement of proof that the seller is in fact the owner. The document confirms the seller holds the title of the property. It is also proof by a notary that all the facts of the property are true.
The affidavit of title protects the buyer from any legal problems that the seller may still be facing. It comes in handy if a legal dispute arises after the buyer buys the property. The buyer can present this legal document in court in case of any legal action. Therefore, the affidavit of title is very important. It is usually a mandatory part of the legal paperwork in selling a piece of property.
What does it contain?
The general contents of an affidavit of title are the same across the U.S. A few specifics may vary depending on the state in which the affidavit is being prepared.
If a seller wants to sell a piece of property, they must give the buyer an affidavit of title containing the following information:
- The property belongs to the seller and the seller has the complete right to sell the property.
- The property is for sale only to the said buyer and not to another person or party.
- The seller is not facing any proceedings related to bankruptcy or has not declared bankruptcy.
- There are no tax dues or liens remaining on the property.
There can be other information and exclusions mentioned in this document in addition to the four given above. This could include various situations such as an existing mortgage on the property and that it will be paid in full only after the property is sold and proceeds are realized. Or if a lien currently exists on the property, that it will soon face settlement. It can also include other things that don’t usually appear on public records but are important to the property.
Upon receiving the affidavit of title, if the buyer is not in agreement with a particular piece of information, they can communicate to the seller that the particular issue must face resolution before the final sale. For example, if a lien exists on the property at present, the buyer can mandate that the payment for sale will be made only after the lien faces settlement.
