New York Affidavit of Title Made by Owner Selling Real Property is a legal document that serves as a declaration by the property owner regarding the title of the real estate being sold in the state of New York. This affidavit plays a crucial role in providing assurance and transparency to buyers, lenders, and other parties involved in real estate transactions. The New York Affidavit of Title is meticulously prepared to verify several key aspects related to the property being sold, ensuring that there are no underlying issues that may hinder the transfer of ownership. The affidavit typically includes the following information: 1. Identification of the Property: The affidavit begins by providing specific details regarding the property, such as the address, lot number, and any other relevant identifiers to accurately identify the real estate. 2. Title Search: The property owner must affirm that a thorough title search has been conducted by a qualified title examiner. This search verifies the legal ownership and any existing liens, mortgages, or encumbrances on the property. 3. Ownership Certification: The affidavit ensures that the property owner is legally authorized to sell the real estate and has the full power to transfer the title without any claims or disputes. 4. Outstanding Liens and Encumbrances: The owner must disclose all outstanding liens, judgments, mortgages, or any other encumbrances that may exist on the property at the time of sale. This information is crucial for potential buyers or lenders to assess the property's marketability and potential financial liabilities. 5. Eminent Domain or Condemnation: If the property is subject to eminent domain or condemnation proceedings, it must be disclosed in the affidavit. This alerts potential buyers and lenders about the government's interest in the property, which may impact its value or potential use. 6. Pending Legal Actions: The affidavit should disclose any pending lawsuits or legal actions that may affect the property's title or ownership. This information allows buyers and lenders to assess potential risks associated with the real estate transaction. 7. Zoning and Land Use Confirmations: The property owner affirms compliance with all applicable zoning laws and land use regulations. This ensures that the property is suitable for its intended purpose and guarantees that there are no zoning violations that may later restrict its use. Different types of New York Affidavits of Title may exist, tailored to specific circumstances or requirements of a real estate transaction. These variations may include: 1. Limited/Specific Affidavit of Title: Used when specific concerns regarding the property's title need to be addressed, such as a pending lawsuit or an outstanding lien. This type of affidavit focuses on the particular issue at hand while still covering the necessary details of the standard affidavit. 2. Seller's Affidavit of Title: An affidavit submitted by the property owner to affirm the accuracy of the statements made and grant indemnification to the buyer regarding the title's validity. This type of affidavit provides additional assurances to the buyer that the owner is responsible for any future title defects. 3. Affidavit of Title for Foreclosure Properties: In cases where the property has undergone foreclosure proceedings, this affidavit is tailored to address specific matters related to the foreclosure process, such as the satisfaction of outstanding mortgages or judgments. In conclusion, the New York Affidavit of Title Made by Owner Selling Real Property is a critical document in real estate transactions that ensures the validity of the property's title, reduces risks for buyers, lenders, and other parties involved, and promotes transparency and confidence in the New York real estate market.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.