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mvpmaggie
Aug 25, 2011, 01:28 PM
Can someone explain the purpose of a title affidavit for property? We have a break in chain of title and they are recommending a title affidavit

AK lawyer
Aug 25, 2011, 01:59 PM
"They" being who?

A title company? If so, they need to tell you exactly what such affidavit needs to say.

LisaB4657
Aug 25, 2011, 02:27 PM
An Affidavit of Title basically tells the buyer, title company and/or lender that "I am who I say I am". It gives the names, current and future addresses, location of the property, when the seller acquired the property, seller's marital history, representations that there are no clouds on title other than what is listed on the affidavit, representations that there is no child support due, a few other similar representations and then a certification by the people signing that everything they've said is true.

The purpose of the Affidavit is to give the buyer, title company and/or lender something to use to sue the seller if it turns out that the seller was lying about any of these things.

Usually the title company has a specific form of Affidavit they want signed and once it is signed the title company will often remove the exception in the title report and issue a policy.

Fr_Chuck
Aug 25, 2011, 02:34 PM
There is always an issue with a break, that a unknown person may appear with a claim to the property, that developed during that break.

mvpmaggie
Aug 25, 2011, 02:41 PM
Does a title affidavit replace the quit claim deed?

tickle
Aug 25, 2011, 02:46 PM
Please don't post the same question more then once. We are all volunteers here and you may have to wait until an expert is here to help you. Don worry, it will be answered.

Tick

LisaB4657
Aug 25, 2011, 02:53 PM
No, an Affidavit of Title does not replace a Deed. The Affidavit is a certification that you're telling the truth. A Deed is a transfer of property.