Maryland Affidavit of Occupancy and Financial Status

State:
Maryland
Control #:
MD-CLOSE88
Format:
Word; 
Rich Text
Instant download

Description

This Affidavit of Occupancy and Financial Status form is for buyer(s) to certify at the time of closing that he/she/they will occupy the property as his/her/their primary residence and that there has been no change in his/her/their financial status since the time the loan application was made.

Key Concepts & Definitions

Affidavit of Occupancy and Financial Status: A legal document typically required during the mortgage loan process that certifies a borrower's occupancy intentions for a property and their financial status to ensure loan compliance.

Notarize Documents Online: The process of legally certifying documents through electronic or digital means, which is often used for real estate transfers and mortgage applications.

Real Estate Transfer: The process of legally transferring ownership of property from one party to another, which might involve several legal documents, including occupancy affidavits.

Step-by-Step Guide to Affidavit of Occupancy and Financial Status

  1. Property Ownership Search: Begin by conducting a property ownership search to ensure the property title is clear of liens and discrepancies.
  2. Apply for Mortgage: Submit a mortgage application along with financial documents to a lender.
  3. Meet Occupancy Affidavit Requirements: Fill out the affidavit of occupancy and financial status, declaring your intention to occupy the property and stating your financial status.
  4. Notarize the Affidavit: Use an online notary service to notarize the affidavit. This can be done virtually, thanks to platforms that allow you to notarize documents online.
  5. Submit to Lender: Send the notarized affidavit to your mortgage lender as part of the loan compliance process.

Risk Analysis of Incorrectly Filing An Affidavit

Submitting an inaccurate or fraudulent affidavit of occupancy and financial status can lead to severe legal consequences, including potential mortgage fraud charges. It can also result in the revocation of the mortgage loan, increased legal fees, and significant delays in the mortgage loan process.

Best Practices in Managing Affidavits

  • Verify All Information: Double-check all data provided in the affidavit to ensure accuracy.
  • Use Verified Notary Services Online: Opt for reputable notary service online platforms for secure and legal notarization.
  • Understand Local Laws: Be aware of the certificate of occupancy procedures and commercial property tax implications in your jurisdiction.
  • Electronically Secure Documents: Utilize secure methods for signing documents electronically to protect sensitive information.

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FAQ

Lenders and loan officers confirm that they regularly encounter falsehoods about occupancy.Depending on the lender, buyers might be able to save a half to a full percentage point off the interest rate on the loan by calling their purchase a principal residence.

Generally, for a property to be owner-occupied, the owner must move into the residence within 60 days of closing and live there for at least one year.

Basically, the FHA does require your home to be owner-occupied if you use FHA financing. But, as you can see, there are several exceptions to the rule. Before you decide to do anything, always check with your lender.

FHA security instruments require a borrower to establish bona fide occupancy in a home as the borrower's principal residence within 60 days of signing the security instrument, with continued occupancy for at least one year.

Lenders will take a variety of things into account when determining whether you intend to live in a house and take occupancy type into consideration because people are much less likely to default on the mortgage of a house they are living in.

Owner-occupants are residents that own the property that they live at. Some loans are only available to owner-occupants and not absentee owners or investors. To be considered owner-occupied, residents usually must move into the home within 60 days of closing and live there for at least a year.

FHA Occupancy Requirement Mortgagors with FHA-backed loans are required to use their home as a primary residence for at least one full year. The borrower must take possession of the home within 60 days after the mortgage closes, and they must live in the home for the majority of the year.

Lenders usually stipulate that homeowners have 30 days after closing to occupy a primary residence. To verify the person moving in is actually the owner, the lender may call the house and ask to speak to the homeowner.The lender may also drive past the house looking for a rental sign in the yard.

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Maryland Affidavit of Occupancy and Financial Status