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Affidavit of Mortgage Declaration

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SALE WITH ASSUMPTION OF MORTGAGE

UNITED STATES OF AMERICA

PARISH OF

STATE OF LOUISIANA

BE IT KNOWN, That on the date indicated below, before the undersigned Notary Public, duly commissioned and qualified and in the presence of the witnesses hereinafter named and undersigned:

PERSONALLY CAME AND APPEARED:

, Tax Identification Number , an unmarried man of full age of majority domiciled in , whose present mailing address is , referred to herein as "SELLER";

who declared and said that, for the price and consideration, and on the terms and conditions hereinafter expressed SELLER did and does by these presents, grant, bargain, sell, convey, transfer, assign, set over and deliver, unto:

, whose Tax Identification Number is , and , whose Tax Identification Number is , husband and wife domiciled in , whose present mailing address is , referred to herein jointly as "PURCHASER";

here present, accepting and purchasing for PURCHASER and PURCHASER's heirs, and acknowledging delivery and possession thereof, the following described property, to-wit:

The property conveyed herein has as its address .

The consideration for this sale is () DOLLARS which the SELLER acknowledges receiving in the form of: () DOLLARS, cash, and assumption of the balance due on that mortgage loan obligation assumed and described as follows: PURCHASER assumes and agrees to hold the SELLER, free and harmless from the payment of the balance due on that certain conventional mortgage note made and executed by to the order of , payable , dated in the principal sum of , with interest at the rate of per cent per annum, which note was paraphed "Ne Varietur" by Notary Public, for identification with an Act of Mortgage, passed before on the same date, which mortgage rests upon the property herein conveyed and recorded in the office of the Recorder of Mortgages of at , the PURCHASER herein assuming all the obligations imposed on in the said note and the said mortgage. The parties hereto acknowledge that the principal balance due by SELLER on the note secured by the aforedescribed Mortgage as of this date, is the sum of .

SELLER transfers to PURCHASER all SELLER's right, title and interest in and to any escrow account maintained in connection with the loan assumed and in and to any insurance policies affecting the property conveyed. Ad valorem property taxes for the current year shall be .

And to these presents there personally appeared , the holder of the hereinabove described note, represented herein by its duly authorized officer, , who appears herein to acknowledge the transfer made hereby, to confirm that the balance due on the aforedescribed mortgage is as of this date, and to consent to the assumption of the hereinabove described obligation by the PURCHASER herein. does hereby SELLER as an obligor on the promissory note referred to above. then delivered to the undersigned Notary the said promissory note, and after having paraphed the same "Ne Varietur" for identification with this act, the said Notary returned the same to .

All parties signing this instrument have declared themselves to be of full legal capacity. All agreements and stipulations herein, and all the obligations herein assumed shall insure to the benefit of and be binding upon the heirs, successors, and assigns of the respective parties, and the PURCHASER, their heirs and assigns, shall have and hold the described property in full ownership forever.

SELLER warrants the title to the herein described property but excepts from said warranty all matters of public record creating (1) mineral leases or reservations, (2) land use restrictions or (3) servitudes. SELLER transfers to PURCHASER and subrogates PURCHASER to all rights and actions of warranty which SELLER has against all prior owners.

Tax Receipts

Tax receipts and/or certificates are annexed hereto showing payment of all state, parish, municipal and levee district taxes and past due charges for local improvement assessments assessed against the property.

Conveyance Cert.

By reference to the certificate of the Register of Conveyances for the Parish of Orleans it does not appear that said property has been alienated by the vendor. The parties are aware that the certificate attached hereto is open, being not yet dated and signed, and relieve and release the undersigned notary from all responsibility and liability in connection therewith.

The parties acknowledge that the acts of any such Notary in the preparation and execution hereof do not constitute the expression of any opinion as to the validity of the title to the property herein described, and unless otherwise separately certified in writing, no title examination of said property has been performed by any undersigned Notary.

Thus signed on , at , Louisiana, in the presence of the undersigned Notary Public and witnesses, who have signed with the parties after due reading of the whole.

WITNESSES:

Witness 1

SELLER

Witness 2

PURCHASER 1

Witness 3

PURCHASER 2

Witness 4

LENDER

BY:

Enter text

What the Affidavit of Mortgage Declaration Is

An Affidavit of Mortgage Declaration is a sworn written statement used in real estate matters to confirm facts about a mortgage, lien status, discharge, or party authority. It typically accompanies recorded documents or title updates to clear title issues, document satisfaction of mortgage terms, or explain chain-of-title questions. Prepared by a mortgagee, borrower, title agent, or attorney, the affidavit is signed under penalty of perjury and often notarized. Its content can affect recording, lender rights, and title insurance underwriting decisions.

Why this affidavit matters for mortgage and title clarity

The Affidavit of Mortgage Declaration provides a concise, sworn record that clarifies lien status, ownership facts, or the authority of a signatory, reducing title defects and delays during recording or closing.

Why this affidavit matters for mortgage and title clarity

Who prepares and relies on this affidavit

Typical users prepare and review these affidavits when resolving title questions, recording events, or documenting mortgage satisfaction.

  • Title companies and escrow officers: Use affidavits to clear title exceptions and support insurance underwriting decisions.
  • Lenders and servicers: Confirm payoff, assignment, or release details to update loan records and recording instruments.
  • Borrowers and attorneys: Establish facts under oath for recording or dispute resolution without immediate court action.

Well-prepared affidavits speed recording and reduce post-closing title issues when the facts are clear and notarization requirements are satisfied.

Core elements of a professional Affidavit of Mortgage Declaration

A clear affidavit contains structured facts, sworn language, identification of parties, supporting exhibits, notarization, and a conclusion stating the signer’s oath and signature under penalty of perjury.

Affidavit Title

A precise document title referencing the mortgage, recording instrument, or property to avoid ambiguity and link to county records.

Declarant Identity

Full legal name, role, contact, and basis of knowledge for the signer, including corporate capacity where relevant.

Material Facts

Clear, chronological statements of facts about payoff, release, assignment, lien priority, or corrective matters.

Exhibits

Attach or reference supporting documents such as recorded mortgages, releases, payoff statements, or assignment instruments.

Oath Language

Standard sworn statement and venue, concluding with signature, printed name, and date under penalty of perjury.

Notary Block

Appropriate notary acknowledgment or jurat formatted to the state’s requirements for recording acceptance.

Step-by-step: preparing and submitting the affidavit

Follow these sequential steps to prepare, authenticate, and file an Affidavit of Mortgage Declaration with minimal friction.

  • 01
    Draft the affidavit: Assemble factual statements, exhibits, and declarant identity.
  • 02
    Review authority: Confirm signer capacity and attach corporate resolution if needed.
  • 03
    Notarize or witness: Complete notarization or witnessing per state law.
  • 04
    Record or deliver: Submit to the county recorder, title company, or lender as required.

Where the affidavit goes after signing

After execution, the affidavit is routed to parties who maintain the official record or who need the sworn facts for title work.

  • County Recorder: Record with the recorder to create a public link to the mortgage file.
  • Title Company: Provide for underwriting clearance and exception removal.
  • Lender/Servicer: Deliver to update loan or payoff records.
  • Borrower / Attorney: Retain a signed copy for closing and dispute defense.

Configuring an online affidavit workflow

Set up fields, signer roles, authentication, and final delivery to match recorder and title company expectations.

Field Configuration
Signer Roles Declarant | Notary | Secondary witness
Authentication Email link | SMS code | Advanced ID if required
Notary Mode In-person notarization | Remote Online Notarization
Delivery Auto-email to recorder/title after completion

Digital signing and format requirements

Ensure the e-sign platform supports notarization workflows, PDF/A output, and tamper-evident audit trails before e-submitting.

  • File Formats: PDF, PDF/A, DOCX
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Security: AES-256 at rest

Choose a platform that preserves audit logs, supports RON when permitted, and produces a record format accepted by your county recorder and title underwriter.

Typical timing and processing expectations

Processing times depend on the county recorder and whether remote notarization is used; allow additional time for corrections or rejections.

Notary / Jurat Timing:

Execute and notarize at signing; notarization completes execution.

County Recording:

Processing often ranges from same day to multiple business days depending on county workload.

RON Retention:

AV recording for RON usually retained 5–10 years per state RON rules.

Title Clearance:

Allow 1–5 business days for title review after filing.

Corrections and Refiling:

If rejected, expect additional 3–10 business days to correct and refile.

Common preparation errors to avoid

  • Using informal or incomplete property descriptions that do not match the recorded mortgage, causing recorder rejection and title delays.
  • Mismatched names between the affidavit, supporting instruments, and government IDs that prevent notarization or raise chain-of-title questions.
  • Omitting the correct recorded instrument reference (book/page or document number), which severs the link to the mortgage being addressed.
  • Failing to attach required exhibits or corporate authority documents when the declarant signs on behalf of an entity.

Risks and legal consequences of a defective affidavit

Recording Rejection: Delays in title transfer or insurance issuance
Title Cloud: Unresolved lien questions affecting marketability
Perjury Exposure: Civil or criminal penalties if sworn facts are false
Financial Liability: Potential damages for wrongful releases
Insurance Denial: Title insurer may exclude coverage
Regulatory Risk: Noncompliance with RON or notary rules

Essential information fields to include

Declarant Name: Full legal name
Declarant Capacity: Role or title
Property ID: Legal description or parcel number
Recorded Instrument: Book/page or document number
Exhibit List: Referenced attachments
Notary Block: State-specific jurat or acknowledgment

eSignature vendor comparison for affidavit execution

Compare common vendor attributes relevant to affidavits: starting price, trial availability, bulk send, audit trail, HIPAA compliance, and envelope or session limits.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and troubleshooting

Answers address common signer, notarization, recording, and e-sign platform questions for Affidavit of Mortgage Declaration workflows.


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