New York Owner's or Seller's Affidavit of No Liens
About this form
The Owner's or Seller's Affidavit of No Liens is a legal document used during the closing process of a property sale. This affidavit certifies that the seller is the rightful owner of the property and assures that no liens exist against it. This form is crucial for protecting both the buyer and the seller from potential claims or obligations that may arise after the sale, distinguishing it from other forms that do not specifically attest to the absence of liens or debts related to the property being sold.
Form components explained
- Statement of ownership and marital status of the sellers.
- Declaration of the absence of liens related to debts or obligations.
- Affirmation that no repairs or improvements have incurred unpaid debts within the last 60 days.
- Confirmation of full payment for all attached fixtures and appliances.
- Indication of no pending governmental improvements or notices.
- Assurances against pending lawsuits and bankruptcy actions.
When to use this document
This affidavit should be used during the closing of a real estate transaction when the seller needs to provide assurance to the buyer and any involved lending institutions that there are no existing liens on the property. It is particularly important in situations where properties may have had previous loans, judgments, or disputes that could affect the clear title of the home. Additionally, it is beneficial when preparing for title insurance as part of the sale process.
Who this form is for
This form is intended for:
- Property sellers who are transferring ownership of their real estate.
- Anyone involved in a closing transaction who needs to assert that no liens exist on the property.
- Homeowners selling their property without any outstanding debts or claims related to the property.
- Married couples selling joint property who need to affirm their marital status in the affidavit.
Instructions for completing this form
- Start by entering the state and county where the property is located.
- Fill in the names of the owners and their marital status.
- Clearly specify details about the property being sold, including the date of the deed.
- Complete the section regarding liens, confirming the absence of any, or listing any exceptions.
- Sign the affidavit in front of a notary public to ensure it is legally binding.
Does this form need to be notarized?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Typical mistakes to avoid
- Failing to accurately disclose any existing liens or obligations.
- Notifying the notary public before signing, which can invalidate the document.
- Using the affidavit without ensuring all owners have signed if property is jointly owned.
- Omitting the specifics of the property address and deed date.
Advantages of online completion
- Convenience of downloading and completing the form at your own pace.
- Editability allows for easy adjustments to tailor the document to specific needs.
- Access to attorney-drafted templates ensures compliance with legal standards.
- Secure storage and easy access to your legal documents at any time.
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FAQ
An affidavit is a written statement that is considered made under oath. It is only valid when made voluntarily and without coercion. When you sign an affidavit, you are asserting that the information is true and that you have personal knowledge of the facts contained in the affidavit.
An affidavit is a sworn statement, made in front of a notary or other officer authorized to administer oaths. An affidavit of deed confirms delivery and acceptance of a deed by the grantee, and thereby its validity.If the grantor is protected by an affidavit of deed, these issues are generally easier to resolve.
The Importance of Being Truthful in an Affidavit Saying something that is not true in an affidavit is technically a violation of the law and you can be fined or even imprisoned for committing perjury. It is just like lying on the stand in a court proceeding.
An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.
A mortgage affidavit is a written statement signed by a party in a real estate transaction under penalties of perjury that attests to certain conditions of the property.
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.
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.
