The Mortgage Affidavit is a critical document in Pakistan's property financing ecosystem, required by financial institutions before approving mortgage loans. This sworn statement, executed under the provisions of Pakistani law, particularly the Transfer of Property Act 1882 and the Registration Act 1908, serves as a legal declaration of property ownership and encumbrance status. The document is used in both conventional and Islamic banking systems and must be attested by authorized officials such as Notary Public or Oath Commissioner. The affidavit includes crucial information about the property's legal status, existing liabilities, and tax compliance, protecting both the lender's and borrower's interests in the mortgage transaction. It forms part of the essential documentation required for property financing and helps prevent fraudulent mortgage applications by creating a legal obligation for truthful disclosure.
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1. Title and Jurisdiction: Specifies this is an affidavit relating to mortgage and the jurisdiction (relevant Pakistani court/authority)
2. Deponent Details: Full identification and contact details of the person making the affidavit (deponent)
3. Property Description: Detailed description of the mortgaged property including address, boundaries, and registration details
4. Ownership Declaration: Declaration of legal ownership and right to mortgage the property
5. Title Clearance: Declaration that the property has clear title and is free from encumbrances
6. Mortgage Details: Information about the mortgage agreement, lender, and loan amount
7. Outstanding Liabilities: Declaration regarding any existing loans, charges, or liabilities against the property
8. Tax Compliance: Declaration regarding payment of all applicable taxes and duties
9. Verification Clause: Standard verification clause stating the truth of the contents
10. Execution Block: Space for deponent's signature, witness details, and notary attestation
1. Islamic Finance Compliance: Required when the mortgage follows Islamic banking principles, declaring compliance with Shariah requirements
2. Co-owner Declaration: Needed when the property has multiple owners, including consent from all parties
3. Power of Attorney: Required when the affidavit is being executed through an authorized representative
4. Previous Mortgage History: Include when the property has been previously mortgaged and cleared
5. Agricultural Land Declaration: Required for agricultural properties, declaring compliance with land ceiling laws
6. Foreign Ownership Declaration: Needed when the deponent is a non-Pakistani citizen or overseas Pakistani
1. Property Documents: List of attached property ownership and registration documents
2. Title Search Report: Report showing clean title and no encumbrances
3. Tax Receipts: Copies of recent property tax payments and other relevant tax receipts
4. Identity Proof: Copies of deponent's identification documents
5. Property Plans: Approved site plan and property drawings if required
6. NOC Documents: Any required No Objection Certificates from relevant authorities
Relevant legal definitions
Affidavit
Mortgagor
Mortgagee
Property
Title Deed
Encumbrance
Oath Commissioner
Consideration
Registration
Revenue Records
Mutation
Fard-e-Malkiat
Clear Title
Lien
Charge
Outstanding Dues
Property Tax
Transfer Deed
Legal Heirs
Power of Attorney
Witness
Notary Public
Land Revenue Officer
Sub-Registrar
Mortgage Deed
Islamic Mortgage
Rahn
Encroachment
Possession
Sale Deed
Property Description
Khasra Number
Legal Description
Verification
Attestation
Jurisdiction
Deponent
Prescribed Authority
Applicable Law
Authorized Representative
Mortgagor
Mortgagee
Property
Title Deed
Encumbrance
Oath Commissioner
Consideration
Registration
Revenue Records
Mutation
Fard-e-Malkiat
Clear Title
Lien
Charge
Outstanding Dues
Property Tax
Transfer Deed
Legal Heirs
Power of Attorney
Witness
Notary Public
Land Revenue Officer
Sub-Registrar
Mortgage Deed
Islamic Mortgage
Rahn
Encroachment
Possession
Sale Deed
Property Description
Khasra Number
Legal Description
Verification
Attestation
Jurisdiction
Deponent
Prescribed Authority
Applicable Law
Authorized Representative
Clauses
Identification
Property Description
Ownership Declaration
Title Status
Encumbrance Declaration
Financial Status
Tax Compliance
Legal Compliance
Property Possession
Prior Transactions
Liability Declaration
Non-Encroachment
Islamic Finance Compliance
Authority to Execute
Verification
Witness Statement
Documentation
Property Usage
Revenue Records
Inheritance Status
Third Party Rights
Municipal Compliance
Attestation
Property Description
Ownership Declaration
Title Status
Encumbrance Declaration
Financial Status
Tax Compliance
Legal Compliance
Property Possession
Prior Transactions
Liability Declaration
Non-Encroachment
Islamic Finance Compliance
Authority to Execute
Verification
Witness Statement
Documentation
Property Usage
Revenue Records
Inheritance Status
Third Party Rights
Municipal Compliance
Attestation
Relevant Industries
Banking & Finance
Real Estate
Legal Services
Islamic Banking
Construction
Agricultural (for farmland mortgages)
Property Development
Financial Services
Public Notary Services
Government Land Registry
Relevant Teams
Legal
Mortgage Operations
Credit Risk
Compliance
Real Estate
Islamic Banking
Property Valuation
Documentation
Title Search
Underwriting
Relevant Roles
Legal Counsel
Mortgage Officer
Property Lawyer
Bank Manager
Credit Risk Officer
Property Valuator
Compliance Officer
Islamic Banking Specialist
Real Estate Manager
Documentation Officer
Legal Documentation Specialist
Property Registration Officer
Title Search Specialist
Mortgage Underwriter
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