Affidavit – Title Undisturbed

Affidavit -title undisturbed: the best way to ascertain ownership

If a property is being mortgaged or is being sold it is the responsibility of the buyer or the mortgager to establish that the title of the property is solely of the seller or the mortgager and there is no dispute or clouding of the title by any means.

The property whether it is being sold or mortgaged should be without any errors of the title. This makes it a god title and the buyer or the mortgagee enjoy the benefits of the property without any hassles.

There are many ways by which the title may become problematic to the buyer such as

The seller is not the sole owner of the property and there is a co-owner that has not been disclosed at the closing or there is any heir that has not been taken into confidence while closing the deal or there is a spouse that has a claim in the property. All these situations are not called for but add to the chaos and hassles that the new owner f the property will have to deal with.

This is therefore advised that the mortgagee or the buyer ask for an affidavit-title undisturbed from the seller. This makes sure that the title belongs to the seller and he has all the right to mortgage or sell the property in question.

In the affidavit the seller must also state that there is no pending dues to the municipality or no lien claims to the property that may create problems in future.

Affidavit - Title Undisturbed

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_________ being duly sworn, says that he [she] resides at _________ and is by occupation _________; that he [she] is a citizen of the United States, [age of majority] years of age and upwards; and that he [she] is now in possession, and the owner in fee simple, of the _________ premises in the city, this day to be _________ by him [her] to _________ and more particularly described in the deed of conveyance.
Deponent further says that the premises have been held by him [her] for upwards of _________ last past, and that his [her] possession has been peaceable and undisturbed, and that the title has never been disputed or questioned to his [her] knowledge, nor does deponent know of any facts by reason of which possession or title might be disturbed, or questioned, or by reason of which any claim to the premises, or any part of the premises might arise, or be set up adverse to this deponent; and that he [she] is informed and believes that his [her] grantors held the premises for more than twenty years prior to the transfer to him [her]; and that no person has any contract for the purchase of, or claim to or against the premises, except as later stated; and that the premises are now free and clear of all taxes, incumbrances, or liens by mortgage, decree, judgment, or by statute, or by virtue of any proceedings in any court, or filed in the office of the clerk of any county or court in this state, and of all other liens of every nature or description, save and except _________.
Deponent further says that the premises are now occupied by _________.
Deponent further says that he [she] is married to _________ who is over the age of [age of majority] years, and who is the same person who executed, with deponent, the _________ premises, and that he [she] has never been married to any other person now living; and that there are no judgments, or decrees, or attachments, or orders of any court or officer for the payment of money against him [her] or to which he [she] is a party, unsatisfied or not cancelled of record in any of the courts, or before any officer of the United States, or of this state, or any suit or proceedings pending anywhere affecting the premises, to his [her] knowledge, information or belief, and that any judgments found of record against any person by the name of _________ or any similar name, are not against deponent, and that no proceedings in bankruptcy have ever been instituted by or against deponent.
Deponent makes this affidavit to induce _________ to accept a _________ premises, and pay the consideration therefor, knowing that the _________ relies upon the truth of the statement contained in this affidavit.
Sworn to before me this _________ day of _________ _________[date].