An affidavit of title at closing is a sworn statement in which the seller confirms, under penalty of perjury, that they own the property, that no undisclosed liens or lawsuits are attached to it, and that nothing has happened that would cloud the title the buyer is about to receive. It usually travels with two companion affidavits — a no-change survey affidavit and, where the seller is a U.S. person, a FIRPTA non-foreign affidavit. Each one carries real weight. Signing a false affidavit is a federal crime punishable by up to five years in prison.1Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally
What You Are Swearing To in the Affidavit of Title
The affidavit of title is the seller’s sworn declaration about who they are and what encumbrances, if any, exist on the property. In a single document, the seller confirms that they hold legal ownership, that no undisclosed liens, mortgages, or judgments are attached to the property, and that no bankruptcy proceedings or pending lawsuits could interfere with the transfer. This is where most title fraud would surface if it existed, because the seller is making these representations under oath rather than just checking boxes on a form.
Title insurers use the affidavit as one of their main tools for evaluating risk before issuing coverage. If a sworn statement later turns out to be false — say, a judgment lien the seller failed to disclose — the insurer who pays the buyer’s claim can pursue the seller for the loss. The affidavit creates a paper trail of accountability that runs alongside the deed.
Why the Form Asks About Your Marital Status
The affidavit typically requires the seller to disclose marital status, and that detail matters more than it might seem. In many states, a spouse may have a legal interest in real property regardless of whose name appears on the deed. If the seller is married and the spouse’s rights aren’t properly addressed or waived before recording, that unresolved claim can cloud the title for years. Title insurance companies insist on this verification before issuing a policy precisely because an unknown spousal interest is the kind of claim that surfaces after everyone has moved on.
The No-Change Survey Affidavit
A no-change survey affidavit bridges the gap between an older land survey and the current closing date. Surveys age quickly in terms of what a title insurer is willing to rely on. Most companies prefer surveys no more than six months old. Rather than requiring an entirely new survey, which can cost several thousand dollars for a boundary or ALTA survey, the title company will accept the seller’s sworn statement that nothing on the ground has changed since the last one was done.
By signing, the seller confirms that no structures, fences, paved areas, or other improvements have been built, altered, or removed since the survey date, and that no portion of the property has been conveyed or subdivided. The seller also confirms that nothing has been done that could change the property’s boundaries or the location of existing improvements.2Virtual Underwriter. STG Affidavit Regarding Survey Matters (No Change) The affidavit typically lists specific categories of changes and asks the seller to certify that none occurred.
The payoff for the buyer is better title insurance coverage. Standard title policies include a survey exception that excludes boundary disputes, encroachments, and similar physical problems from coverage. When the seller provides a no-change affidavit, the title insurer can remove that exception, giving the buyer protection against boundary issues that would otherwise go uninsured. The affidavit effectively shifts that risk from the insurer to the seller. If it turns out the seller built an addition that encroaches on a neighbor’s property and didn’t disclose it, the seller bears responsibility rather than the title company.
The FIRPTA Non-Foreign Affidavit
One closing affidavit that catches many sellers off guard is the FIRPTA non-foreign affidavit. Under federal law, when a foreign person sells U.S. real property, the buyer must withhold 15% of the total sale price and remit it to the IRS.3Office of the Law Revision Counsel. 26 USC 1445 – Withholding of Tax on Dispositions of United States Real Property Interests On a $400,000 home, that’s $60,000 held back at closing. The non-foreign affidavit exists to prevent this withholding when it isn’t needed.
To claim the exemption, the seller signs a certification under penalty of perjury stating that they are not a foreign person. The affidavit must include the seller’s name, U.S. taxpayer identification number, and home address (or office address for an entity).4Internal Revenue Service. Exceptions From FIRPTA Withholding If the buyer receives this certification and has no reason to believe it is false, the buyer is relieved of the withholding obligation. Without the affidavit, the buyer must withhold regardless of the seller’s actual citizenship status and could face personal liability for the tax if they fail to do so.
The Gap Between Closing and Recording
Real estate closings create an unavoidable window of risk. The parties sign everything, money changes hands, and then the deed and mortgage go to the county recorder’s office, sometimes hours later, sometimes days. During that gap, someone could theoretically record a lien or judgment against the property before the new deed appears in the public record.
To manage that exposure, title companies often require a gap indemnity from the seller. It is essentially a promise to hold the title company harmless if something unexpected gets recorded during the window between closing and recording. Some companies build the indemnity into the affidavit of title itself; others use a standalone document. Either way, the seller is confirming they haven’t taken out a new loan, incurred a judgment, or signed another conveyance that could affect the property’s title between the date of the final title search and the moment the deed is recorded.
What To Bring and How Signing Works
Preparing these affidavits requires specific information that sellers should gather before closing day. The property’s full legal description is essential. That means the formal identification using lot and block numbers or metes and bounds, not just the street address.5Legal Information Institute. Deed Sellers can find it on their existing deed or in the title policy from when they bought the property. A taxpayer identification number is needed for both the affidavit of title and the FIRPTA certification.
For the no-change survey affidavit, the seller needs the exact date of the most recent survey and, ideally, a copy of the survey itself. Title companies will compare the affidavit against the survey to confirm consistency. Any discrepancy between what the seller swears to and what shows up in public records or the survey can delay funding, and the title company may refuse to issue the policy until the inconsistency is resolved. Sellers who cannot locate their survey documents should check the original closing file or contact the title company that handled the purchase.
All closing affidavits must be signed under oath before a notary public. The notary verifies the signer’s identity using government-issued ID and confirms the signature is voluntary. That step is what triggers perjury liability if the contents turn out to be false. Notary fees for standard in-person acknowledgments are modest, typically ranging from a few dollars to $25 depending on the state, and are usually folded into closing costs.
Remote online notarization has expanded access significantly. As of 2026, the large majority of states have enacted permanent laws authorizing remote notarization for real estate transactions. The process uses audio-video conferencing with identity verification, and the notary applies a digital seal. No federal law currently requires states to recognize notarizations performed remotely in other states, however, so sellers closing remotely should confirm that both the title company and the recording jurisdiction accept remotely notarized documents before relying on the option.6Congress.gov. S.1561 – 119th Congress (2025-2026) SECURE Notarization Act of 2025
What Happens If an Affidavit Is False
Sellers sometimes treat closing affidavits as routine paperwork, but the consequences of a false statement are not routine. Because these documents are signed under oath, a deliberately false statement is a federal crime carrying a fine, imprisonment for up to five years, or both.1Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally The key word is “willfully.” An honest mistake about whether a judgment was still active is different from deliberately hiding a second mortgage the seller knows exists.
On the civil side, a false affidavit of title exposes the seller to claims from both the buyer and the title insurer. If the title company pays out on a claim the seller’s affidavit should have prevented — an undisclosed lien, for example — the insurer can sue the seller to recover that payment. The buyer may also have direct claims for breach of the closing agreement or fraud. A false no-change survey affidavit carries similar risk. If the seller swore nothing changed but actually built an addition that encroaches on a neighbor’s lot, the seller could be liable for the cost of resolving the encroachment or defending the resulting lawsuit.
The practical rule is straightforward. If you’re not sure whether a particular lien was released, or whether that shed you built crossed the property line, say so before signing rather than hoping it doesn’t come up. A known issue can be resolved at closing. An undisclosed one can follow you for years.