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Affidavit of No Liens

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OWNER'S (SELLER'S) AFFIDAVIT

State of

COUNTY OF

(In this Affidavit the pronoun "We" means "I" when there is only one Purchaser.)

We, (owners),being sworn

according to law, say under oath that:

1. We are 21 // 18 years old or older. We are the sole owners of the real estate and

improvements ("Property") located at:

We received a deed to the Property dated / / . We are now the Sellers of

the Property.

Marital Status:

2. We have been and are now (being the time and date that we are signing this Affidavit)

married to each other. If not married, so state here:

Liens:

3. In this Affidavit, a lien is a legal claim of another against property for (a) the payment of a

debt or (b) the performance of an obligation. Examples of liens are (a) a judgment of a court for

the payment of money owed, (b) a mortgage on real estate given as security for a loan, (c) an

obligation owning to a contractor, subcontractor or other mechanic who has furnished labor or

material for the improvement of real estate and for which money is owed, and (d) taxes and

assessments assessed against real estate. There are no liens against the Property as a result of

(a) debts that we owe or (b) obligations we have undertaken, except:

(a) Real estates taxes and assessments for this year.

(b) Other

No Mechanic's Liens; Rights to Liens:

4. During the last 60 days prior to the date we have signed this Affidavit, we have made no

repairs, additions, or improvements, nor ordered or contracted for any labor or materials to be

performed or furnished to the Property, which have not been paid in full. We do not owe any

money for improvements, labor or materials performed on or furnished to the Property within

60 days immediately preceding the date of this Affidavit. Nor have we received any notice from

anyone claiming to have not been paid in full, and there are no outstanding or disputed claims

for any such work or item. No such work is now in progress.

Fixtures:

5. We have fully paid for all fixtures, appliances, or other personal property attached to or
otherwise used with the improvements on the Property.

No Pending Governmental Improvements:

6. There has been no work done, and we have not received any notice that any work is to be
done, by the City, Village, County, Township, State of or any
sewer district or other governmental authority, or at its direction, in connection with the
installation of sewer, water, curbs, sidewalks, streets or alleys, or repairs or improvements
thereto.

No Nuisance or Condemnation:

7. We have not received any notice from any governmental authority for the removal or
abatement of any nuisance or any notice of condemnation or other exercise of the power of
eminent domain, or for the violation of any Zoning Regulations concerning the Property.

No Hidden Structural Defects:

8. There are no hidden structural defects in the Property.

Boundary Lines, etc.:

9. All of the utilities and improvements concerning the Property are located within the
boundary lines of the subject real estate or within lands dedicated to public use or within
recorded easements for the same. There have been no violations of any restrictions affecting
the Property. There are no disputes with any adjoining property owners as to the location of
property lines or the encroachment of any improvements.

No Lawsuits:

10. The are no pending lawsuits against us in any court. We have not received notice of any
lawsuits pending against us.

No Bankruptcy or Receivership:

11. We are not a debtor in any proceeding under the bankruptcy laws of the United States, and no
bankruptcy or insolvency proceedings have been started by or against us. No receiver or trustee
has ever been appointed to take possession of the Property. Our sale of the Property is not made
for the purpose of hindering, delaying or defrauding any of our creditors.

Easements:

12. In this Affidavit, an easement is a right given to another for a specific and limited use of real
estate. An example of an easement is a right given to a utility company to maintain poles on the
property. We have not given anyone any unrecorded easements affecting the Property. Nor
have we given anyone any other unrecorded rights or interests in the Property, such as land
contracts, mortgages, deeds, options, leases or licenses to use any part of the Property.

Liens Affecting Similar Names:

13. Our attention has been called to the liens listed below. The liens listed below are for debts or

obligations of others with names similar to or the same as ours. We are not the same person as

named in the following liens:

Reliance By & Obligations To Mortgagee & Title Insurance Company:

14. We know that ("Mortgagee" is making a loan

to the "Mortgagor(s)" of

the Property, and that without said loan we, the Sellers, would not now be closing the sale of

the Property and would not now be receiving the sale proceeds (either directly by payment to

us, or indirectly by payment to one or more of our lenders). We know that in deciding whether

or not to make the loan to our Purchasers the Mortgagee is relying on the truth of the

statements made by us in this Affidavit. We also know that

(the " Title Insurance Company") is insuring the title to the Property for the Mortgagee because

the Mortgagee requires that the title be insurable and that it be insured before it makes the loan

to the Purchasers of our Property, and before it accepts the Property as security for its loan. We

known that the Purchasers may also be insuring their title to the Property. We know that in

deciding whether or not to insure the title for the Mortgagee, and for the Purchasers, the Title

Insurance Company is relying on the truth of the statements made by us in the Affidavit. It is

with knowledge of the reliance by the Mortgagee and by the Title Insurance Company, and it

is in consideration of and as an inducement to the making of the loan and of the insuring of the

title so that we can benefit by the sale of the Property, that we acknowledge and agree that we

are and will continue to also be directly liable to the Mortgagee and to the Title Insurance

Company for any loss or damage either or both may suffer should any of the statements made

by us in this Affidavit be not true.

Penalty of Perjury:

15. We know that we shall be bounded by this Affidavit under the penalties of perjury.

AFFIANT:

AFFIANT:

SWORN TO and subscribed in my presence this day of

NOTARY PUBLIC

My Commission Expires:

Enter text

What the Affidavit of No Liens Is and when it matters

The Affidavit of No Liens is a sworn, written statement in which a person or legal entity affirms that specified property or assets are free from liens, encumbrances, or claims. Commonly used in real estate closings, construction payment cycles, equipment transfers, and loan disbursements, the affidavit helps purchasers, lenders, title companies, and escrow agents rely on the signer’s declaration. It typically requires the signer's printed name, a precise property description, signature under penalty of perjury, and notarization or witness verification when jurisdictional rules demand authentication.

Why a clear Affidavit of No Liens reduces transaction risk

A properly executed affidavit establishes a documented representation about lien status, supports title insurance issuance, speeds closing, and creates a record that parties and third-party reviewers can rely on when assessing risk or freeing funds.

Why a clear Affidavit of No Liens reduces transaction risk

Who commonly prepares or requests this affidavit

Parties who regularly prepare or request an Affidavit of No Liens include buyers, sellers, lenders, contractors, title officers, and escrow agents involved in asset transfers.

  • Real estate closing teams and title companies that require lien clearance before issuing title insurance or funding.
  • General contractors and subcontractors submitting lien waiver packages to satisfy payment conditions on construction projects.
  • Lenders and finance departments that need confirmation the collateral is free of third-party claims before advancing funds.

Primary signer roles and practical responsibilities

Title Officer

A title officer reviews chain-of-title records and relies on the affidavit to confirm no recorded liens appear against the property; they coordinate any required reconnaissance, ensure the affidavit matches recorded descriptors, and may require additional documentation before closing.

General Contractor

A contractor files an affidavit to certify that subcontractors and suppliers have been paid or that no mechanics’ liens exist for the described project; the affidavit supports final payment and can be contractually required to avoid retainage.

Essential data elements to include on the affidavit

Signatory identity: Full legal name
Property description: Street address and legal description
Lien statement: Clear declarative language
Notary block: Notarial acknowledgement
Effective date: MM/DD/YYYY format
Jurisdiction: Governing state named

Consequences of incorrect or false affidavits

Perjury risk: Criminal exposure
Closing delay: Funds withheld
Title insurance denial: Coverage disputes
Financial liability: Compensatory damages
Criminal penalties: State statutory fines
Civil damages: Breach and tort claims

Common preparation problems to avoid

  • Using imprecise property descriptors or abbreviations that do not match the recorded legal description, creating ambiguity during title search and recording.
  • Leaving signatory identity unclear—omitting corporate officer title or failing to include the signer’s authority can invalidate the representation for third parties.
  • Submitting the affidavit without required notarization or required witness signatures under state law, which can delay closings and produce funding holds.
  • Relying on an unsigned or dated affidavit; missing dates or backdating raise enforceability issues and create potential fraud concerns.

Step-by-step: completing the Affidavit of No Liens

Follow these four steps to prepare a compliant affidavit that supports closing or payment.

  • 01
    Identify parties: Enter full legal names for all parties.
  • 02
    Describe property: Use the recorded legal description and address.
  • 03
    Declare lien status: State clearly that no liens exist on the described asset.
  • 04
    Authenticate: Sign, date, and obtain required notarization or witnesses.

How the affidavit moves through a transaction

Typical routing for an Affidavit of No Liens during a closing or payment workflow.

  • Draft: Preparer completes the form with required facts.
  • Review: Title or legal counsel verifies supporting records.
  • Sign: Signer executes under penalty of perjury.
  • Deliver: Provide to lender, title company, or escrow agent.

Core elements that make an affidavit reliable and enforceable

A professional Affidavit of No Liens contains specific structural elements that improve enforceability and reduce post-closing disputes.

Clear declaration

A concise affirmative statement that no liens, claims, or encumbrances exist against the specified property or asset, written to remove ambiguity and directly state the signer’s representation.

Precise property ID

Use the property’s full legal description (lot, block, metes and bounds, or parcel number) plus street address to ensure the affidavit matches recorded instruments exactly.

Authority clause

If a corporation or LLC signs, include the signer’s title and a statement confirming they have authority to bind the entity to avoid later challenge to signatory power.

Notarization or witnesses

Include a properly completed notarial acknowledgement and any witness signature lines required by the jurisdiction to validate the sworn statement under state law.

Supporting exhibits

Attach lien search reports, payment receipts, or releases from creditors where available to corroborate the affidavit and streamline title underwriting or lender review.

Perjury citation

A brief reference to the penalty of perjury or applicable statutory authority reminds signers of criminal liability for false statements and strengthens the affidavit’s deterrent effect.

Typical eSubmission settings for an online affidavit workflow

Configure these fields when preparing the affidavit for electronic signing and secure routing.

Field Configuration
Authentication Email link or SMS code
Notarization Remote or in-person per state
Routing Sequential to title then lender
Storage Encrypted cloud archive

Technical considerations for digital signing and notarization

Confirm platform support for secure authentication, PDF/A output, and audit trails before eSigning or submitting for remote notarization.

  • Authentication: Email, SMS, or KBA
  • File formats: PDF, DOCX supported
  • Integrations: CRM and cloud storage

When to provide and record an Affidavit of No Liens

Timing depends on the transaction: deliver before funding or closing and record if county practice requires a recorded affidavit or release.

Before closing:

Provide to title/lender prior to disbursement of funds.

At funding:

Signer should execute on or before funding date.

County recording:

Record only if county requires or title policy conditions demand it.

Contract deadlines:

Meet any contractual delivery dates to avoid breaches.

Retention start:

Document retention begins on execution date.

Key transaction milestones for the affidavit

A simple milestone sequence shows core preparation and acceptance stages for the affidavit.

01

Prepare affidavit

Draft using exact legal property descriptions and party names.

02

Verify supporting records

Run lien search and attach releases or receipts.

03

Execute and notarize

Signer signs and obtains required notarial acknowledgement.

04

Deliver to stakeholders

Send to title company, lender, escrow for final acceptance.

Provider pricing and feature snapshot for eSigning affidavits

Compare basic plan pricing and selected capabilities to evaluate eSignature platforms for affidavit workflows.

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 Yes, 7-day trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of affidavits used in transactions

These brief examples show how organizations rely on affidavit templates to resolve common transaction needs.

Optica Ventures — closing efficiency

Optica used an affidavit to confirm lien-free status before funding

  • The interface simplified signer workflow
  • The team reported easier customer signing and faster closings while preserving a clear audit trail and title company acceptance.

Martin Properties — compliance on mobile

A small real estate firm completed affidavits remotely for multiple closings

  • Mobile signing reduced travel and turnaround time
  • The company processed and executed documents online with compliance and security suitable for title and lender review.

Practical tips for accurate, audit-ready affidavits

Follow these best practices to reduce challenges during review, funding, or recording of the affidavit.

Match recorded documents
Always copy the legal description, parcel number, and party names exactly as they appear in recorded instruments and prior closing documents to avoid misidentification.
Attach corroboration
Include lien search reports, payoff letters, or supplier releases as exhibits to substantiate the affidavit and speed title underwriting and lender acceptance.
Confirm signer authority
When an entity signs, include a corporate resolution or officer designation to prove the signer has authority; this prevents later challenges to execution power.
Use correct authentication
Obtain the notary acknowledgement or witness signatures required by the jurisdiction and retain the audit trail for any remote online notarization session.

FAQs and troubleshooting: common questions about the affidavit

Answers to frequent questions about execution, notarization, and acceptance of an Affidavit of No Liens.


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