Palmdale California Owner's or Seller's Affidavit of No Liens

State:
California
City:
Palmdale
Control #:
CA-CLOSE8
Format:
Word; 
Rich Text
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Description

This Owner/Seller Affidavit is for seller(s) to sign at the time of closing certifying that, among other assurances, there are no liens on the property being sold, that they are the owners of the property, that there are no mechanic liens on the property and other certifications. This form must be signed and notarized.

Palmdale California Owner's or Seller's Affidavit of No Liens serves as an essential legal document in real estate transactions. This affidavit is used by property owners or sellers in Palmdale, California, to declare and confirm that there are no outstanding liens or encumbrances on the property being sold. By signing this affidavit, the owner/seller assures the buyer that they have the legal right to transfer the property without any potential limitations caused by third-party claims. Different types of Palmdale California Owner's or Seller's Affidavit of No Liens may include: 1. General Palmdale California Owner's or Seller's Affidavit of No Liens: This is the standard affidavit that most property owners or sellers in Palmdale use during real estate transactions. It states that the property being sold is free from any liens, judgments, or other encumbrances, except as explicitly mentioned in the agreement. 2. Conditional Palmdale California Owner's or Seller's Affidavit of No Liens: In some cases, when there are known potential issues or pending legal matters regarding the property, a conditional affidavit might be required. This type of affidavit specifies certain conditions or limitations regarding the liens or encumbrances and declares that the property will be free from such claims upon fulfilling those conditions. 3. Specific Palmdale California Owner's or Seller's Affidavit of No Liens: This type of affidavit is used when there are specific liens or encumbrances that the owner or seller is aware of and wants to disclose. It lists these known liens or encumbrances, assuring the buyer that these are the only existing claims on the property. The Palmdale California Owner's or Seller's Affidavit of No Liens serves as an important protection for buyers, as it minimizes the risk of post-sale disputes and unexpected financial liabilities. Before signing this affidavit, property owners or sellers should conduct a thorough title search or consult with a real estate attorney to ensure the accuracy of the information provided.

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FAQ

Under the adverse possession doctrine, someone could legally take possession of the property if they live there long enough. In California, adverse possession laws allow for a person to legally claim ownership over a property by paying taxes and staying there for a certain amount of time.

Liens are public records in California. Therefore, anyone who wants to check for liens recorded in the state can contact or visit the relevant government office. For real estate liens, a resident can go to the county clerk/recorder's office in the county where the property is situated to request a title deed search.

According to the Daily Herald, the only people who can place a lien on your home are those who have done work or otherwise contributed to the value of your home. For example, contractors and suppliers could place a lien if you do not pay them. Other creditors, though, usually cannot put a lien on your property.

In any case, the most efficient way to know if someone's real property (building, home, land) has been liened in California is to run a title deed search through a county recorder's office. This search reveals who legally owns the real estate and if any liens or claims exist on that property.

If taxes remain unpaid for five years following their tax default, the property becomes subject to the Power of Sale. This means the property may be sold at a public tax sale auction or acquired by a public agency if you do not pay (redeem) the taxes before the date the property is offered for sale or acquisition.

The homeowner may petition the courts under Civil Code Section 8480 in California to remove the mechanic's lien when it is not timely issued or recorded. A lawsuit is usually necessary to file it against the owner by the contractor or subcontractor.

To remove a lien you have to pay the judgment and get the judgment creditor to complete a notarized Acknowledgment of Satisfaction of Judgment (EJ-100). Either party can eFile the form to the court. Then the judgment creditor or you have to record a certified copy of this form in the county where the property is.

A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State.

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Homebuyer Loan Program Guidelines. The City of Lancaster.Refinancing, no longer owner-occupied, or full repayment of the first mortgage. Check out third party reports on property condition, market value and neighborhood info.

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Palmdale California Owner's or Seller's Affidavit of No Liens