2025 Real Estate Affidavit of Title: Costs, Importance & What It Includes

Erika Rasure is a globally acclaimed expert in consumer economics, financial therapy, and investment coaching, with a focus on empowering women investors.

What Is an Affidavit of Title in 2024?

An affidavit of title is a sworn legal document provided by the seller during a property sale, affirming ownership and disclosing any legal claims or issues tied to the property. This notarized statement guarantees that the seller holds clear title, offering essential proof of ownership to the buyer.

Key Insights

• An affidavit of title is a notarized declaration by the seller confirming ownership and any existing legal matters affecting the property.
• It safeguards buyers from hidden liabilities or disputes that may arise post-purchase.
• The document includes seller’s personal details and statements on the property's legal status.
• If liens exist, sellers often resolve them before closing to ensure a "clean" title.
• Most U.S. states and title companies mandate affidavits of title in property transactions.

Why Buyers Need an Affidavit of Title

This affidavit acts as a protective shield for buyers against unresolved legal issues such as liens, ownership disputes, or bankruptcy claims. It serves as legal evidence in court if any conflicts emerge after the sale.

Title companies typically require this document before issuing title insurance, and many states include it as part of mandatory closing paperwork.

What Does an Affidavit of Title Contain?

While exact requirements vary by state, standard affidavits include:

• Seller’s full name and address.
• Confirmation that the seller is the rightful and sole owner.
• Assurance that the property is not concurrently being sold to others.
• Disclosure of any liens, mortgages, or assessments.
• Statements about bankruptcy status or other financial encumbrances.

Exceptions such as existing mortgages to be paid post-closing or easements affecting the property are also detailed. Buyers can request resolution of concerning issues before finalizing the sale.

Important Note

Every affidavit must be signed by the seller and notarized to be legally binding.

Main Purposes of an Affidavit of Title

• Protects buyers from unexpected legal challenges related to property ownership.
• Prevents buyers from inheriting unpaid liens like HOA fees, mechanic’s liens, or tax debts.
• Guards against fraudulent sales by confirming the legitimacy of ownership and transaction details.

Additional Considerations for 2024

Also known as owner’s affidavit, seller’s affidavit, or borrower’s affidavit, this document is essential not only for real estate but also for other title transfers such as vehicles.

Title companies and mortgage lenders routinely require affidavits of title to ensure clear ownership and protect their interests.

If liens exist, sellers must settle debts and file a Release of Lien with the county recorder’s office to clear the title prior to sale.

Summary: Affidavit of Title Explained

An affidavit of title is a sworn statement by the seller confirming ownership and disclosing any legal issues related to the property. It is a critical document for closing real estate deals, required by most states, lenders, and title insurers.

Do You Need an Affidavit of Title?

In 2024, most states and title companies require this document to complete property transfers safely and legally.

How to Obtain an Affidavit of Title

Legal professionals typically prepare affidavits of title, ensuring precise and compliant language. While templates exist online, they should be used cautiously. The affidavit must be signed by the seller and notarized.

What Information Is Included?

Details include the seller’s identity, ownership confirmation, and disclosures about liens, bankruptcies, and other legal matters impacting the property’s title.

Explore useful articles in Home Ownership as of 15-08-2023. The article titled " 2025 Real Estate Affidavit of Title: Costs, Importance & What It Includes " offers in-depth analysis and practical advice in the Home Ownership field. Each article is carefully crafted by experts to provide maximum value to readers.

The " 2025 Real Estate Affidavit of Title: Costs, Importance & What It Includes " article expands your knowledge in Home Ownership, keeps you informed about the latest developments, and helps you make well-informed decisions. Each article is based on unique content, ensuring originality and quality.