AFFIDAVIT OF EQUITABLE INTEREST

Importance of Affidavit of Equitable Interest

The law is one thing we always get confused. We want legal advisors to tell what exactly it means. Because it has so much of twists and turns. To understand it completely and be risk-free we will be always looking for a legal advisor. An Affidavit of Equitable Interest is used to declare a financial interest in real estate property.

For example, you may own a land. But that doesn’t mean you are the only interest to the land. Basically, there are two types of rights in a land, one is

Legal right and Real right. When you own a land, you hold the legal right. Let us say, suppose the land is in the name of the trust there will be two parties that will enjoy the benefits of the land. They are The trustee and The beneficiary

Here the trustee has the legal rights over the land. But he holds the land for the benefit of another person. Here the trustee holds the legal interest. On the other hand, the beneficiary holds the equitable interest. The beneficiary can also gain an interest (Equitable interest) in a land when they have sold a land but not received the payment. In simple words, the interest, which is not registered in the system, is called as an equitable interest or an unregistered interest. The entire rule which surrounds the equitable interest or and unregistered interest is very technical and complicated. In some cases, a person who holds the equitable interest has better rights than the person who holds legal interest. So it is important to know what interest people have before entering into an agreement.

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STATE OF ___________________________
COUNTY OF ___________________________

AFFIDAVIT  OF  EQUITABLE  INTEREST
IN  REAL  PROPERTY

BEFORE ME, the undersigned authority, on this day personally appeared _______________________________________ as _______________________________ of ___________________________, who being first duly sworn, deposes and says that:

On __________________________, the Affiant (hereinafter “Buyer”) and                                     _________________________________ (hereinafter “Seller”) executed an agreement (hereinafter “Agreement”) in which Buyer agreed to buy and Seller agreed to sell the property described as:

<< LEGAL DESCRIPTION ATTACHED AS EXHIBIT “A” >>

also known by street and address as ___________________________.

Buyer has a valid equitable interest in the above-described property by way of a duly and properly executed purchase and sale agreement.

IF YOU ARE A POTENTIAL BUYER OF THIS PROPERTY  take notice that Buyer is and has been ready, willing and able to perform according to the terms of the Agreement.  Buyer will AGGRESSIVELY DEFEND AND PURSUE Buyer’s interest in the property.

IF YOU ARE A POTENTIAL INSURER OF THE TITLE TO THIS PROPERTY  take notice that Buyer routinely and frequently verifies that no action has been taken that is contrary to Buyer’s interest in the property, and Buyer shall AGGRESSIVELY DEFEND AND PURSUE Buyer’s rights under this Agreement.  The monetary value of the Agreement is significant and no proposal for the discount thereof will be entertained.

Interested parties may contact Buyer via mail at ___________________________ or                                          via telephone at ___________________________.

Signed, sealed and delivered in the presence of:

_______________________________(Seal)    _____________________________(Seal)
WITNESS                        Affiant

Sworn to and described before me this ______ day of _______________, 20____.

________________________________________
NOTARY PUBLIC

(Seal)