Typical statements
A seller's affidavit may state that there are no unpaid contractors, that no one else claims possession, that no lawsuits affect the property, that no recent work could lead to a lien, and that the seller is the person named on the deed. Wording differs among title companies.
Have a closing coming up? The closing package (signing, scanbacks and courier).
If any statement is not true, tell the title company before closing.
Why it is requested
The title insurer relies on it to cover gaps in the public record. Recent renovations, unpaid bills or tenants are examples of things records may not show. The affidavit is one way to learn about them.
The buyer's lender may also request related documents.
Notary procedure
Sellers show ID, take an oath, and then sign at the table. The notary completes a jurat. Where two sellers sign, each swears separately. The notary does not check the statements or the public record.
If a seller is signing under a power of attorney, the agent must bring the original recorded document.
Scenarios to raise early
Examples include a deck built last year, a plumber still owed money, an estranged co-owner, or a relative living there rent free. Tell the title company in advance so it can add exceptions or require extra papers. Honest disclosure keeps closings from falling apart.
An attorney can advise on your risks.
Logistics
Sellers who live elsewhere can sign ahead of closing at a mobile appointment and return papers by courier. Ask the title company which copies need original ink. Keep your own copy.
Do not date documents yourself unless instructed.
Scenario: a seller who just replaced a roof
A seller replaced the roof two months before listing. The contractor was paid, but the seller never got a final lien waiver. The title company's affidavit asks about recent work.
The seller tells the title officer, who asks for the paid invoice and a written waiver from the contractor. With those, the title company can proceed. Without them, it could add an exception or hold funds.
This shows why early honesty matters. The seller signs the affidavit at a notary visit once the facts are clear. Whether the roof raises other issues, such as permits, is a question for the agent or attorney.
Keep related paperwork nearby: the survey, contractor invoices, permits, tenant leases and the payoff statement for any loan. If the title officer asks a question, you can answer on the spot. After closing, store copies of the affidavit and supporting papers with your sale records, since tax preparers sometimes ask for them when reporting the sale. If a seller cannot attend because of travel, the title company can usually arrange documents to be signed ahead of time. Give the title officer the notary's contact details so they can send the correct pages. Both sides should confirm that the notarial dates fall before the closing date.
Common questions
Is it the same as the deed?
No. The deed transfers title. The affidavit supports it.
What if I cannot swear to a statement?
Say so to the title company and ask for another form or an exception.
Can the notary explain the clauses?
No. Ask the title officer or an attorney.
More notary guides
- What Sellers Sign at Closing: The Seller Package
- Loan Signing Agent Credentials: Background Checks and Training
- Common Affidavits in a Mortgage Package Explained
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.