Legal Templates
Residential Real Property Affidavit

Residential Real Property Affidavit for the United States

Residential Real Property Affidavit Template for United States

A Residential Real Property Affidavit is a legally binding sworn statement used in the United States real estate sector, where property owners make formal declarations about various aspects of their residential property. This document typically includes statements about ownership, property condition, improvements, liens, and other material facts that may affect the property's title or value. It serves as a crucial component in real estate transactions, particularly in title transfers and mortgage applications.

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What is a Residential Real Property Affidavit?

The Residential Real Property Affidavit is a critical document in U.S. real estate transactions, designed to protect all parties involved by providing sworn statements about property characteristics and ownership history. This document becomes necessary during property sales, refinancing, or when establishing clear title. It includes detailed information about property ownership, improvements, liens, encumbrances, and other material facts that could affect the property's legal status or value. The affidavit helps prevent fraud and ensures transparency in real estate transactions, while also providing legal protection for buyers, sellers, and lenders.

What sections should be included in a Residential Real Property Affidavit?

1. Affiant Information: Personal details of the person making the affidavit including full legal name, current address, and relationship to the property

2. Property Description: Detailed legal description and physical address of the subject property, including lot number, block, subdivision, county, and state

3. Ownership Declaration: Statement of current ownership rights, duration of ownership, and method of acquisition (purchase, inheritance, gift, etc.)

4. Primary Verification Statements: Core declarations about property status, including clear title, absence of liens, and current tax status

5. Notarization Block: Formal section for notary verification, including date, signature, and notary seal

What sections are optional to include in a Residential Real Property Affidavit?

1. Environmental Declarations: Additional statements regarding environmental conditions, hazards, or special considerations affecting the property

2. Improvement Declarations: Details of any improvements, modifications, or additions made to the property, including dates and permits

3. Occupancy Status Declaration: Information about current occupancy, rental status, or vacancy of the property

4. Special Conditions: Any unique circumstances, easements, restrictions, or other relevant property conditions

What schedules should be included in a Residential Real Property Affidavit?

1. Schedule A - Property Survey: Detailed property survey showing boundaries, dimensions, and physical features of the property

2. Schedule B - Title Documentation: Copies of relevant title documents, deeds, and ownership transfer records

3. Schedule C - Tax Records: Current property tax assessment information and payment status documentation

4. Schedule D - Supporting Documents: Additional documentation such as permits, certificates, or other relevant records

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Sector

Legal Services

Cost

Free to use
Clauses
Property Identification
Ownership Declaration
Title Status
Property Condition
Liens and Encumbrances
Tax Status
Occupancy Status
Environmental Compliance
Building Code Compliance
Boundary Confirmation
Improvements Declaration
Easements and Rights of Way
Zoning Compliance
Utilities and Services
Legal Proceedings
Insurance Coverage
Property Access
Mineral Rights
Water Rights
Historic Preservation
Verification and Authentication
Penalties for False Statements
Governing Law
Prior Agreements
Representations and Warranties
Industries

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on race, color, religion, sex, national origin, familial status, or disability

Truth in Lending Act (TILA): Federal regulation requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Real Estate Settlement Procedures Act (RESPA): Federal law requiring lenders, mortgage brokers, and servicers to provide disclosures regarding real estate transactions and prohibiting certain practices

Interstate Land Sales Full Disclosure Act: Federal law protecting consumers from fraud and abuse in the sale or lease of land

State Property Laws: State-specific regulations governing property rights, transfers, and ownership requirements

State Real Estate Transfer Laws: State-specific requirements for transferring real property ownership and recording deeds

State Recording Requirements: State-specific rules for documenting and recording property transactions with local authorities

State Notary Requirements: State-specific rules for document notarization and witness requirements in real estate transactions

State Disclosure Requirements: State-specific rules about what property conditions and information must be disclosed to buyers

Local Property Codes: County and municipal regulations governing property use, maintenance, and transfers

Zoning Laws: Local regulations determining how property can be used and developed within specific areas

Local Recording Requirements: County/municipal specific requirements for recording property documents and transfers

Statute of Frauds: Legal principle requiring certain contracts, including real estate transactions, to be in writing

Property Rights Laws: Laws governing ownership rights, easements, and restrictions on property use

Title Laws: Regulations governing property ownership verification and transfer of title

Lien Laws: Regulations governing claims against property and priority of various types of liens

Legal Property Description: Requirements for accurate and legally compliant description of the property boundaries and characteristics

Chain of Title Verification: Requirements for verifying and documenting the history of property ownership

Property Tax Requirements: Regulations regarding verification and disclosure of property tax status and obligations

Environmental Regulations: Laws governing disclosure and handling of environmental issues affecting the property

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