An affidavit of title is a sworn statement you sign as the seller at closing, confirming that you own the property, describing how you hold title, and disclosing anything that could cloud the sale — unpaid liens, recent construction, occupants, pending lawsuits, easements. The title company relies on it to fill gaps a records search cannot reach and to issue the buyer a clean title insurance policy. If you are selling real property, expect this form in your closing package, and expect to sign it before a notary who administers an oath.
What You Are Swearing To
Wording varies by title company and state, but the substance is consistent. You confirm that you hold title to the property and state how it is held — sole owner, joint tenants, tenants in common — and list anyone else with an ownership interest. You disclose your marital status. That matters more than it may sound: in a handful of states, including Arkansas, Ohio, and Kentucky, a spouse can hold dower or curtesy rights whether or not that spouse is on the deed, and even where those doctrines have been abolished, marital status still affects homestead protections and community property rules.
You state whether any unpaid mortgages, tax liens, judgments, or assessments attach to the property. If a prior mortgage was paid off, the affidavit confirms that the satisfaction was recorded or will be before closing. You identify anyone occupying the property other than yourself, such as tenants or family members who might later claim a right to remain. You disclose recent construction, because contractors and subcontractors in many states have up to 90 days after finishing work to file a mechanic’s lien, and an unrecorded claim can surface after closing. You state whether any lawsuits, condemnation proceedings, or government actions are pending or threatened. And you disclose easements, shared driveway arrangements, or boundary issues that may not show up in the public record.
The form has a blank where you can list specific exceptions — problems you know about and want to flag rather than swear away. Use it. A disclosed issue puts the buyer on notice; a concealed one puts you on the hook.
Gather These Records First
Filling out the affidavit is much faster if the paperwork is in front of you.
- Your current deed. The legal description, whether metes and bounds or lot and block, must match the affidavit exactly. Copy it, don’t paraphrase.
- Mortgage payoff statements for every loan still outstanding on the property.
- Recorded satisfactions or discharges for any mortgage or lien that has been paid off. If a prior lender never recorded one, contact them now. An unreleased mortgage is one of the most common title problems.
- Invoices and paid receipts for any work done on the property in recent months, so you can show contractors have been paid in full.
- The preliminary title report from your title company. Compare it against your own records so you can confirm or correct what it shows.
- Marriage, divorce, or death certificates covering the period you owned the property, especially if your name changed.
Working Through the Form
Your title company will usually provide a form tailored to your state and the transaction. Real estate attorneys and online legal document services offer them as well.
Owner Identification
Enter your full legal name exactly as it appears on the deed — not a nickname, not a shortened version. Multiple owners each get their own name and date of birth field. Some forms ask for a Social Security or taxpayer identification number, which the title company uses for tax reporting and to run you against lien and judgment databases. Your current mailing address goes here too.
Marital Status and Property History
Mark your current status. If married, the form asks when you married and whether the property has been your principal residence. A spouse who never signed the deed may still need to sign a release or join in the conveyance, depending on your state. If your name changed at marriage, list your former name so the title company can tie the deed to your current identity.
Property Description and Improvements
Copy the legal description from your deed word for word. Then answer whether you obtained the required building permits and certificates of occupancy for any improvements. Describe recent additions or renovations briefly, note the completion date, and state whether contractors and suppliers have been paid in full. An honest “no” here beats a false “yes” that unravels after closing.
Liens, Encumbrances, and Exceptions
State whether any mortgages, liens, or judgments remain outstanding. If the preliminary title report flagged something you believe is resolved, such as a paid tax lien, explain the resolution and attach proof if you can. Anything you cannot clear before closing goes on the exceptions list. The buyer and the title company will decide whether they can work around it or need it cleared first.
How It Shapes the Buyer’s Title Insurance
A standard title insurance commitment carries general exceptions for risks the title company cannot verify from public records — unrecorded easements, rights of parties in possession, recent mechanic’s lien claims. When you sign the affidavit and represent that none of those risks exist, the insurer can strip those exceptions out of the final policy, giving the buyer broader coverage.
The trade-off is that the affidavit gives the insurer a right of recovery against you if your representations turn out to be false. If the buyer files a claim on a defect you failed to disclose, the insurer pays and then pursues you through subrogation for the payout plus legal costs.
Gap Coverage
There is always a window between the title company’s last records search and the moment the deed is recorded. Something could be filed against the property during that gap — a new lien, a judgment, another conveyance. The affidavit typically includes a representation that you have not done anything since the search date to create a new encumbrance. That representation, sometimes paired with a separate gap indemnity, lets the title company insure through the gap rather than refusing to close until recording is confirmed.
Notarization
Because the affidavit is a sworn statement, it needs a jurat, not a simple acknowledgment. A jurat is a notarial act in which you take an oath or affirmation that the contents are true. The notary asks aloud whether you swear or affirm the statements are true, and you must answer out loud. A nod or silence does not count.
The notary verifies your identity, usually with a government-issued photo ID, though state rules on acceptable identification vary. You must sign the document in the notary’s presence. A jurat cannot be performed on a document you signed beforehand. The notary then completes a jurat certificate showing the date, jurisdiction, and the notary’s name and title, and applies a seal or stamp where the state requires one. Some states have dropped the seal requirement for certain acts, so the absence of a seal doesn’t necessarily mean something is missing.
Signing and Delivery at Closing
You sign the affidavit at the closing table along with the deed, settlement statement, and other transfer documents. If multiple people hold title, each owner signs and gets each signature notarized. The completed affidavit goes into the title company’s permanent closing file as the factual basis for the buyer’s policy.
In most transactions the affidavit itself is not recorded in the public land records. There are exceptions. Arizona, for example, requires the seller to record an affidavit of disclosure at the same time the deed is recorded.1Arizona Legislature. Arizona Code 33-422 – Land Divisions; Recording; Disclosure Affidavit Your title company or attorney will tell you whether recording applies in your state.
If You Refuse to Sign
Sellers sometimes hesitate at the affidavit, either because swearing under oath feels heavy or because they know about a problem they don’t want to disclose. Refusing to sign has real consequences. The title company cannot verify what it needs to issue a clean policy, so the buyer’s lender won’t fund the loan and closing stalls. In some cases, the title company will hold the seller’s proceeds in escrow, record the deed, and wait for updated land records to confirm clear title, a process that can take weeks. If clear title still can’t be confirmed, the deal can fall apart.
If you know about a problem, list it as an exception instead of refusing to sign. Known issues can usually be negotiated or resolved. A blanket refusal looks like concealment and gives the buyer every reason to walk.
If You Sign Something False
Signing an affidavit you know to be false exposes you to civil and criminal liability. On the civil side, the buyer can sue for breach of contract or fraud, seeking damages for any loss caused by the undisclosed defect. The title insurer can pursue you through subrogation after paying the buyer’s claim, meaning you could owe the full payout plus attorneys’ fees and interest.
On the criminal side, a false affidavit is perjury. Because you signed under oath and under penalty of perjury, deliberately lying about the property’s status is a criminal offense in every state, typically charged as a felony, and convictions can carry prison time. A perjury conviction can also affect professional licensing, loan eligibility, and employment for years afterward.
Title companies have no obligation to protect you if your affidavit contained false statements. Arizona law specifically provides that any waiver or release of a seller’s liability for omissions or misrepresentations in a disclosure affidavit is not valid or binding on the buyer.1Arizona Legislature. Arizona Code 33-422 – Land Divisions; Recording; Disclosure Affidavit If there is a problem with the property, disclose it. Honesty is almost always manageable. Getting caught in a lie is not.
Other Affidavits You May Sign at Closing
Two related documents show up often enough to flag, so you don’t confuse them with the affidavit of title.
If you are a U.S. citizen or resident alien selling real property, you will likely sign a FIRPTA non-foreign affidavit certifying that you are not a foreign person under the Foreign Investment in Real Property Tax Act. It includes your name, taxpayer identification number, and home address.2Internal Revenue Service. FIRPTA Withholding Without it, the buyer must withhold a percentage of the purchase price and send it to the IRS. It is a separate document from the affidavit of title, signed at the same closing.
If construction work was recently finished on the property, some states require a recorded affidavit of completion to start the clock on subcontractors’ deadlines to file mechanic’s liens. Also a separate document, but keep your representations about recent construction consistent between the two.