Mortgage Affidavit Template for England and Wales

A Mortgage Affidavit is a sworn statement that you must provide during real estate transactions to verify important facts about your mortgage under oath. This legally binding document protects all parties involved in the transaction by ensuring that critical information about the property, your financial situation, and your intentions as a borrower are accurately documented and legally verified.

When do you need this document?

You will need a Mortgage Affidavit in several key situations during your real estate transaction. Most commonly, lenders require this document during the mortgage application process to verify your identity, income sources, and intended use of the property. If you are refinancing an existing mortgage, you may need to provide an affidavit confirming your continued occupancy or ownership status. Title companies often request Mortgage Affidavits to clear any title issues or confirm property ownership before closing. Additionally, you may need this document when applying for government-backed loans such as FHA or VA mortgages, where additional verification requirements apply.

Key legal considerations

When executing a Mortgage Affidavit, you must understand that providing false information constitutes perjury and can result in serious legal consequences including loan rejection, fraud charges, and criminal prosecution. The document must include accurate personal information, complete property descriptions using legal descriptions from official records, and truthful statements about your financial circumstances. Pay careful attention to occupancy declarations, as misrepresenting whether you intend to occupy the property as your primary residence can violate loan terms and federal regulations. Ensure all information matches exactly with other loan documents, as discrepancies can delay closing or trigger additional scrutiny from lenders and regulators.

Legal requirements in United States

Under federal law, Mortgage Affidavits must comply with the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA), which mandate specific disclosures and prohibit misleading statements in mortgage transactions. The document must be properly notarized by a licensed notary public who can verify your identity and witness your signature. Federal anti-discrimination laws including the Equal Credit Opportunity Act (ECOA) and Fair Housing Act require that affidavit requirements be applied equally to all borrowers regardless of protected characteristics. The Home Mortgage Disclosure Act (HMDA) may require lenders to collect and report certain demographic information included in your affidavit. State-specific requirements may apply depending on your location, including additional notarization procedures, witness requirements, or specific language mandated by state mortgage regulations.