Florida Owner's or Seller's Affidavit of No Liens
About this form
The Owner's Affidavit of No Liens is a legal document used by sellers at the time of closing to certify that there are no outstanding liens on the property being sold. This form ensures that the sellers confirm they are the rightful owners and that no debts threaten the sale. It serves to protect the buyer's investment by disclosing any potential claims against the property, differentiating it from other real estate documents by its explicit focus on confirming the absence of liens and the property's ownership status.
Form components explained
- Identification of the property and owners.
- Verification of marital status and ownership claims.
- Declaration of no liens, including mechanic's liens.
- Certification of no pending governmental improvements or lawsuits.
- Statement regarding easements and claims by third parties.
- Affirmation of the truthfulness of the statements made under penalty of perjury.
Common use cases
This form is typically used during the closing process of a real estate transaction. Sellers must complete this affidavit to reassure the buyer that the property is free of liens or claims, which could complicate or invalidate the sale. It is essential in situations where the buyer is securing a mortgage, as lenders require confirmation of clear title before financing the purchase.
Intended users of this form
- Property sellers wishing to confirm the status of their property's title.
- Individuals involved in real estate transactions needing to declare that no liens exist.
- Married couples selling real estate together.
- Title insurance companies requiring affidavits to issue policies.
Instructions for completing this form
- Identify the sellers and the property being sold in the designated fields.
- Specify the marital status of the owners and confirm they are the sole owners.
- Declare any known liens or the absence thereof, along with any real estate taxes due.
- Certify that no construction work has occurred without payment within the last 60 days.
- Both sellers must sign the affidavit in the presence of a notary public.
Does this form need to be notarized?
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
Typical mistakes to avoid
- Failing to accurately state the property address or seller names.
- Not declaring outstanding debts or pending repairs, leading to penalties.
- Inaccurately completing the marital status section.
- Skipping the notary requirement, rendering the affidavit invalid.
Why use this form online
- Easy accessibility for speedy download and completion.
- Templates drafted by licensed attorneys ensure legal accuracy.
- Convenient editing options allow personal customization.
- Immediate access to updates and state-specific legal requirements.
Form popularity
FAQ
An Owner Affidavit is a document used by title and closing agencies to ensure that the current owner of a property is in ownership of the property free and clear of any encumbrances.The Owner Affidavit places the seller on the hook for any claims that may arise that are not covered by the title insurance policy.
The affidavit is a sworn statement of fact that specifies the seller of a property holds the title to it. In other words, it's proof that the seller owns the property. It also attests that certain other facts about the property are correctas sworn to by the seller and duly notarized.
In the sentence, the person writing the statement must state that he or she is stating that the information is accurate. (Example: I, Jane Doe, solemnly swear that the contents of this document are true and correct, and that I agree to abide by the terms in this affidavit.)
Address of the property; Full names of the owner and the transferee, who will receive the property; Personal details of both parties; All costs the new proprietor assumes.
