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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.

 

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