The Seller Affidavit is a crucial document in U.S. real estate transactions that helps protect all parties involved in the property transfer. This sworn statement is typically required by title companies and lenders to verify important information about the property and its owner. The Seller Affidavit includes declarations about property ownership, existing liens or encumbrances, occupancy status, pending legal actions, and other material facts that could affect the property's title. It serves as a risk management tool and helps ensure clean title transfer while protecting against potential future claims.
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1. Identification of Parties: Details of the seller making the affidavit, including full legal name and address
2. Property Description: Legal description of the property being sold, including address and parcel number
3. Ownership Declaration: Seller's sworn statement of legal ownership and right to sell
4. Title Status: Declaration regarding existing liens, encumbrances, or claims against the property
5. Occupancy Status: Statement about current occupancy and any existing leases or tenancies
1. Marital Status Declaration: Required in community property states or when spouse's rights may affect the sale
2. Bankruptcy Declaration: Statement regarding any pending bankruptcy proceedings, required by title company or buyer's lender
3. Foreign Person Status: Declaration regarding FIRPTA compliance, required when seller might be considered a foreign person under IRS rules
4. Special Assessments: Declaration of any pending or potential special assessments, used when property is subject to special assessments or in planned communities
1. Property Documents: Copies of relevant deeds, surveys, or property records
2. Title Documentation: Copies of title insurance policies or title reports
3. Tax Records: Property tax statements and payment history
4. Supporting Documentation: Any additional documents referenced in the affidavit
Relevant legal definitions
Property
Seller
Affiant
Title Company
Closing Date
Deed
Liens
Encumbrances
Material Facts
Title Defects
Occupancy
Tenancy
Mechanics' Liens
Special Assessments
Pending Litigation
Bankruptcy Proceedings
Foreign Person
Homeowners Association
Property Rights
Legal Description
Parcel Number
Tax ID
Improvements
Easements
Covenants
Seller
Affiant
Title Company
Closing Date
Deed
Liens
Encumbrances
Material Facts
Title Defects
Occupancy
Tenancy
Mechanics' Liens
Special Assessments
Pending Litigation
Bankruptcy Proceedings
Foreign Person
Homeowners Association
Property Rights
Legal Description
Parcel Number
Tax ID
Improvements
Easements
Covenants
Clauses
Property Ownership
Title Verification
Occupancy Status
Lien Declaration
Property Condition
Tax Status
Bankruptcy Declaration
Litigation Status
Foreign Person Status
Marital Status
Authority to Sell
Environmental Compliance
Special Assessments
Easements and Restrictions
Construction Work
Mechanic's Liens
Utilities and Services
Boundary Disputes
Homeowners Association
Verification and Penalties
Notarization Requirements
Title Verification
Occupancy Status
Lien Declaration
Property Condition
Tax Status
Bankruptcy Declaration
Litigation Status
Foreign Person Status
Marital Status
Authority to Sell
Environmental Compliance
Special Assessments
Easements and Restrictions
Construction Work
Mechanic's Liens
Utilities and Services
Boundary Disputes
Homeowners Association
Verification and Penalties
Notarization Requirements
Relevant Industries
Relevant Teams
Relevant Roles
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