Affidavit
Definition and meaning of Affidavit in real estate.
An affidavit is a written statement of facts that is voluntarily confirmed by the oath or affirmation of the party making it, before an authorized official. In real estate, these documents are used as legal evidence to verify various facts during the title and closing process.
In more detail
To be legally binding, an affidavit must be signed by the affiant and witnessed by a notary public or another officer authorized to administer oaths. The document states that the information contained within it is true to the best of the signer's knowledge. Affidavits are commonly used to resolve title clouds, confirm identity, or prove that property taxes have been paid.
Because they are signed under penalty of perjury, lenders and title companies rely on them to proceed with transactions.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Commonly required by | Title insurance companies, lenders, and closing agents |
| Legal status | Admissible as evidence in court proceedings |
| Authorized witness | Typically a notary public, court clerk, or commissioner of oaths |
A title company requires a home seller to sign an affidavit stating that no construction work has been performed on the property within the last few months, ensuring no unrecorded mechanics liens exist.
Frequently asked questions
What happens if there is a mistake in an affidavit?
If an affidavit contains an honest mistake, it should be corrected and signed again before a notary; however, intentional falsehoods can lead to perjury charges.
Can an affidavit be used instead of a court appearance?
In many civil and real estate matters, an affidavit can serve as written testimony, reducing the need for parties to appear in person to verify facts.
Related terms
Sources & references
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