Arkansas Owner's or Seller's Affidavit of No Liens
Definition and meaning
The Arkansas Owner's or Seller's Affidavit of No Liens is a legal document in which the owner or seller of real estate declares that there are no outstanding liens against their property. A lien is a legal claim by a creditor against the owner's property, which can arise from unpaid debts or obligations. This affidavit serves to assure the buyer that the property is free from any legal encumbrances that could affect ownership.
Who should use this form
This affidavit is useful for property owners or sellers in Arkansas who are selling real estate. It protects buyers by confirming that the sellers are not aware of any liens against the property that could complicate the transaction. Homeowners looking to reassure potential buyers of their property's clear title should complete this form before finalizing the sale.
Key components of the form
The Arkansas Owner's or Seller's Affidavit of No Liens typically includes the following key components:
- Identification of the property: Address and description of the property being sold.
- Owner/seller information: Names and marital status of the property owners.
- Declaration of liens: A statement confirming the absence of liens against the property.
- Certifications: Affirmations regarding pending lawsuits, bankruptcy, or other legal matters affecting the owners.
How to complete a form
To properly complete the Arkansas Owner's or Seller's Affidavit of No Liens, follow these steps:
- Fill in your details: Enter the names and addresses of the owners and the property description.
- Confirm your marital status: Specify if you are married or single.
- State the presence of liens: Clearly declare any existing liens or state that there are none.
- Sign the affidavit: Each owner must sign the document in front of a notary public.
- Notarization: Ensure a notary public witnesses the signing to validate the affidavit.
What to expect during notarization or witnessing
During the notarization process for the Arkansas Owner's or Seller's Affidavit of No Liens, you can expect the following:
- The notary public will verify the identity of the signers through valid identification.
- Each signer will need to present their ID to the notary upon signing the document.
- The notary will then record the transaction in their official journal and apply their notary seal to the affidavit.
It is essential to be physically present before the notary to complete the notarization, as remote notarization may not be accepted in Arkansas for this type of affidavit.
Form popularity
FAQ
The title search performed in the prelim title discovers whether or not there are any liens against the title, which would typically be placed by a lender on the property. They also may have you sign a document stating that there are no liens that are not recorded. If there are not, just sign it. Bingo.
In Arkansas, the county clerks have a web-based system where they charge a fee for the title search. You also have the option of going to the County Clerk's Office and doing a manual search of the property.
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.)
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.
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.
Full name of the deponent and their signature. Statement indicating whether the affidavit has been sworn or not. Date and place where the affidavit is being signed. Designation and full name of the Notary or Magistrate (person attesting the affidavit)
In most states, you can typically search by address with the county recorder, clerk, or assessor's office online. The search for liens is free, though you may have to pay a small fee for a copy of the report, which will vary by county.
An affidavit is a written statement that is notarized.The information in an affidavit must be first-hand information. It cannot be second-hand information or speculation. Affidavits can be written in your own handwriting or typed.
The general warranty deed is the standard instrument for home sales. Your notarized warranty deed is proof of ownership, and that the grantor transferred complete and clear title to you. A quitclaim deed also proves full land ownershipif the person who conveyed the interest to you had full ownership.