Define: Affidavit Of Title

An affidavit of title is a sworn statement or written declaration made by a seller or grantor of real property confirming their ownership of the property and affirming that there are no undisclosed claims, liens, or encumbrances that could adversely affect the title’s validity. This document typically includes details about the property, such as its legal description, and may be required as part of the real estate transaction process, especially during the sale or transfer of property. By signing the affidavit of title, the seller asserts their ownership rights to the property and warrants that they have the legal authority to transfer those rights to the buyer. Additionally, the affidavit of title serves to provide assurance to the buyer and their lender that the title to the property is clear of any undisclosed defects or encumbrances.

A written statement, made under oath by a seller or grantor of real property and acknowledged by a notary public, in which the grantor (1) identifies himself or herself and indicates marital status, (2) certifies that since the examination of the title, on the date of the contracts no defects have occurred in the title and (3) certifies that he or she is in possession of the property (if applicable).

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This glossary post was last updated: 29th March, 2024.