Affidavit of Title
Definition and meaning of Affidavit of Title in real estate.
An affidavit of title is a sworn legal document signed by a property seller at closing that certifies the ownership, history, and legal status of the property's title. It protects both the buyer and the title insurance company by verifying that there are no hidden legal defects or claims against the property.
In more detail
In this document, the seller states under oath that they are the true owner of the property and have the legal right to sell it. The seller also declares that there are no active bankruptcies, judgments, unrecorded liens, or boundary disputes affecting the property. If a title issue arises after closing that the seller lied about in the document, the buyer or title company can use the affidavit to hold the seller legally and financially liable. It is a standard requirement in most residential real estate transactions.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Who signs | The property seller (grantor) |
| When signed | Typically on the day of closing |
| Primary purpose | To protect the buyer and title insurer from unrecorded claims |
At the closing table, the seller signs an affidavit of title declaring that they have not been served with any lawsuits that could result in a lien being placed on the home they are selling.
Frequently asked questions
Is an affidavit of title required in every state?
While it is standard practice in many states, local customs and state laws vary, so check with your closing agent to see if it is required in your area.
What is the difference between a title search and an affidavit of title?
A title search is a historical review of public records to find known claims, while the affidavit of title covers recent or unrecorded issues that only the seller would know about.