Establishing secure connection…Loading editor…Preparing document…

Borrower Affidavit Form

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

BORROWER AFFIDAVIT FORM

This Borrower Affidavit (the affidavit) is executed as of by Borrower Name: whose address is in favor of Lender Name: with address at .

RECITALS

WHEREAS, Borrower has requested or received a loan, advance or extension of credit from Lender identified by Loan Reference or Account Number: (the Loan); and

WHEREAS, as a condition to Lender extending or maintaining the Loan, Lender requires the Borrower to make certain representations, warranties and covenants, and to attest under oath to the truth of certain facts relating to the Borrower, the collateral and the Borrower's authority to execute loan documents; and

WHEREAS, Borrower is willing to make the representations, warranties and covenants contained in this affidavit to induce Lender to make or continue the Loan.

NOW, THEREFORE

NOW THEREFORE, in consideration of the Loan and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower hereby states, certifies and affirms under penalty of perjury as follows:

1. DEFINITIONS

For purposes of this affidavit, the terms "Borrower," "Lender," "Loan" and "Collateral" shall have the meanings set forth in the Loan documents. "Collateral" includes the property described below and all related personal property, proceeds, rents and fixtures.

2. PROPERTY / COLLATERAL

3. BORROWER'S REPRESENTATIONS AND WARRANTIES

Borrower represents and warrants to Lender, which representations and warranties shall be true and correct as of the date hereof and shall survive the execution of the Loan documents:

(a) Title and Authority. Borrower is the lawful owner of the Collateral and has full power, authority and legal right to execute, deliver and perform this affidavit and the Loan documents. There are no outstanding agreements, powers of attorney or other instruments that would limit Borrower's authority to grant security or incur indebtedness.

(b) Liens, Encumbrances and Defaults. Except as expressly disclosed below, the Collateral is free and clear of liens, security interests, encumbrances, options, restrictions, judgments and leases. Disclosed exceptions (if any):

(c) No Bankruptcy or Insolvency Proceedings. Borrower has not filed and is not the subject of any petition in bankruptcy, receivership, insolvency, or similar proceeding, nor has Borrower had any such proceeding filed against it that remains pending.

4. TAXES, INSURANCE AND GOVERNMENTAL CHARGES

Borrower affirms that all real property taxes, assessments and other governmental charges with respect to the Collateral have been paid through the date: . Borrower shall maintain insurance as required by the Loan documents and shall deliver certificates of insurance upon request.

5. ADDITIONAL AFFIRMATIONS

Borrower further affirms and certifies the following (check all applicable boxes and provide details where requested):

Borrower is the sole owner of the Collateral and has unencumbered right to grant a security interest.

No event of default exists under any agreement that would permit acceleration of the Loan.

There are no undisclosed agreements, side letters, or options affecting the Collateral or the Borrower's obligations.

6. COVENANTS

Borrower covenants to promptly notify Lender in writing of (i) any event of default under the Loan, (ii) any lien, levy, attachment or other encumbrance asserted against the Collateral, and (iii) any change in Borrower's name, organizational form or ownership that could affect Lender's security interest.

7. INDEMNIFICATION

Borrower agrees to indemnify, defend and hold harmless Lender and its agents from and against any claim, loss, liability, cost or expense (including reasonable attorneys' fees) arising from any misrepresentation, breach of covenant, failure to perform or inaccuracy of any statement contained in this affidavit.

8. REMEDIES

In the event of any breach of the representations, warranties or covenants contained herein, Lender shall have all rights and remedies available under the Loan documents and applicable law, including the right to declare the Loan immediately due and payable and to exercise any rights with respect to the Collateral.

9. NOTICES

Any notice, demand or communication required or permitted under this affidavit shall be in writing and shall be deemed given when delivered personally, sent by certified mail, return receipt requested, or when transmitted by nationally recognized overnight courier to the addresses set forth in the opening paragraph or to such other address as either party designates by written notice to the other.

10. AMENDMENT; WAIVER

No amendment, modification or waiver of any provision of this affidavit shall be effective unless in writing and signed by the party against whom enforcement is sought. No delay or failure to exercise any right shall operate as a waiver thereof.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This affidavit shall be governed by and construed in accordance with the laws of the state of without regard to principles of conflict of laws. This affidavit, together with the Loan documents, constitutes the entire agreement between Borrower and Lender with respect to the subject matter hereof and supersedes all prior agreements and understandings. If any provision of this affidavit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. COUNTERPARTS; ELECTRONIC SIGNATURES

This affidavit may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means shall be binding to the same extent as original signatures.

DECLARATION AND OATH

Borrower declares under penalty of perjury under the laws of the state identified above that the foregoing is true and correct and that Borrower has authority to execute this affidavit.

Borrower Printed Name:

Lender Printed Name:

By (Borrower Signature):

By (Lender Signature):

Date:

Date:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Borrower Affidavit Form Is

Borrower Affidavit Form is a sworn written statement used by mortgage borrowers, lenders, and title agents to confirm factual details relevant to a loan or real estate transaction. The form records borrower identity, occupancy intent, previous ownership, and other declarations that affect title, underwriting, or closing. Affidavits are signed under penalty of perjury and typically require a notarized signature or remote online notarization where permitted. In many transactions the affidavit supports title insurance, removes title exceptions, and documents representations relied on by lenders and closing agents.

Why a Borrower Affidavit Matters in Closings

Use a Borrower Affidavit Form to provide verifiable, sworn facts that protect lender and title interests, streamline underwriting, and close title exceptions. The affidavit creates a clear record of borrower representations and helps reduce post-closing disputes or insurance claims.

Why a Borrower Affidavit Matters in Closings

Who Typically Prepares and Signs This Form

Common users include lenders, title agents, closing attorneys, and borrowers involved in mortgage or property transfer transactions.

  • Mortgage lenders verifying occupancy, previous ownership, or borrower representations during underwriting.
  • Title insurance companies clearing exceptions or confirming insurable interest prior to policy issuance.
  • Settlement agents and attorneys using affidavits to finalize closings and record accurate deeds.

Choosing the correct affidavit type and completing it accurately reduces delays and supports clear title transfer and lender compliance.

Core Sections Found in a Professional Affidavit

Core sections of a professional Borrower Affidavit Form define identity, occupancy, prior ownership, sworn declarations, notarization, and required supporting exhibits.

Identity Verification

Enter full legal name, date of birth, and government ID details. Include any prior names or aliases. Accurate identity prevents title mismatches and supports notarization and lender background checks.

Occupancy Statement

State whether the property will be primary residence, second home, or investment property, plus move-in date. Occupancy affects loan terms, insurable risks, and compliance with occupancy covenants.

Prior Ownership

Disclose any recent ownership, previous deeds, or familial transfers. Lenders and title companies use this to identify potential gaps, encumbrances, or fraud indicators affecting clear title.

Sworn Declarations

Include specific statements about debts, liens, judgments, bankruptcy, or undisclosed leasing. Each declaration is made under penalty of perjury and must reflect current factual knowledge.

Notarization

Provide space for a notary acknowledgement or RON session details where permitted. Notarization authenticates the signature and is often required for recording or title insurance purposes.

Supporting Exhibits

Attach evidence such as prior deed copies, payoff statements, utility bills, or identification documents. Exhibits corroborate declarations and reduce requests for follow-up documentation.

Essential Fields the Form Must Capture

Full Legal Name: As on government-issued ID
Property Address: Street, city, state, ZIP
Borrower SSN/TIN: Provide full SSN or last four
Occupancy Type: Primary, secondary, or investment
Declarations: Signed under penalty of perjury
Execution Date: Enter date as MM/DD/YYYY

Step-by-Step: Completing the Affidavit

Complete the Borrower Affidavit Form by gathering documents, entering accurate data, signing before a notary, and submitting to the closing or title company.

  • 01
    Gather Documents: ID, prior deeds, payoff statements, and utility bills.
  • 02
    Fill Sections: Complete identity, occupancy, and prior ownership fields.
  • 03
    Sign & Notarize: Sign in presence of notary or via RON where allowed.
  • 04
    Submit: Provide affidavit to lender, title, or closing agent.

Configuring an Online Affidavit Workflow

Configuring an online Borrower Affidavit workflow reduces manual steps and ensures fields are validated and routed correctly.

Field Configuration
Identity verification field (ID upload) Auto-validate with ID upload or manual entry
Effective date field (MM/DD/YYYY format) Use MM/DD/YYYY; auto-fill closing date
Signature and authentication field (email + timestamp) Require signer email and signature timestamp
Notary block and RON settings Include RON options and notary certificate
Routing and recipient order settings Route to lender, title, and borrower sequentially

Typical Submission Flow for the Affidavit

Typical submission routes for a Borrower Affidavit Form move from borrower to notary to lender and finally to title for recording or insurance review.

  • Borrower: Completes and signs affidavit fields before notarization.
  • Notary: Notary verifies identity and adds acknowledgement or RON certificate.
  • Lender: Lender reviews declarations and clears underwriting conditions.
  • Title: Title company uses affidavit to clear exceptions and insure title.

Technical and Platform Considerations

Electronic filing and eSigning require compatible PDF or DOCX files, secure authentication, and notarization support when needed.

  • File Formats: PDF, DOCX, or editable templates
  • Authentication: Email, SMS, KBA, or stronger methods
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace

Timing and Typical Deadlines

Timeframes for completing and submitting Borrower Affidavit Forms depend on transaction stage, lender requests, and recording deadlines.

Submission upon lender request (closing):

Provide affidavit within lender-specified closing timeline, often prior to funding.

Before Title Insurance Issuance:

Submit to title company to clear exceptions before policy issuance.

Recording Deadline:

Notarized affidavit required before or at recording if local registrar mandates.

Loan Purchase or Sale:

Affidavits may be requested during loan sale for investor due diligence.

Post-Closing Cure:

Affidavit can be used to resolve title issues but may require additional documentation.

Common Preparation Mistakes to Avoid

  • Failing to match the borrower's legal name to government ID leads to notarization refusal, TIN mismatches, or title exceptions that delay closing and require re-execution.
  • Vague or incomplete occupancy statements create underwriting inquiries and may trigger higher interest rates or lender requirements for occupancy verification and proof of residence.
  • Omitting supporting exhibits such as prior deeds or payoff statements forces title companies to open exceptions or demand supplemental affidavits and documentation.
  • Skipping notarization or using improper notary method (in-person vs RON where disallowed) renders the affidavit unacceptable for recording or insurance purposes.

Legal and Operational Risks of Errors

Perjury Risk: Criminal and civil liability
Title Delays: Insurance exceptions persist
Funding Delays: Loan funding withheld
Tax/Legal Exposure: Potential fraud scrutiny
Record Rejection: Recorder may refuse
Remediation Costs: Attorney and re-recording fees

Illustrative Use Cases

Real-world examples show how borrower affidavits resolve title exceptions, support underwriting, and document occupancy for closed transactions.

Refinance Closing

A borrower completed an affidavit asserting primary occupancy and provided prior deed exhibits to clear a title exception before lender funding.

  • The title exception was removed before funding.
  • The lender accepted the notarized affidavit and supporting exhibits, enabling the title insurer to issue policy without additional endorsements and the loan to fund on schedule, avoiding costly delays.

Post-Closing Cure

After closing, an unrecorded prior lien surfaced and the borrower submitted an affidavit detailing the transaction history and corrective actions.

  • Affidavit supported a negotiated title cure.
  • Title company used the affidavit plus recorded releases to remove the lien exception and provided an updated policy; the lender accepted the documentation, avoiding rescission or litigation.

Practical Tips for Accurate Completion

Follow these practical tips to ensure Borrower Affidavit Forms are accurate, enforceable, and accepted by lenders and title insurers.

Verify identity and name consistency across documents
Cross-check the borrower's legal name, prior names, and ID photos with the affidavit. A single character difference can trigger TIN mismatches, cause notary rejection, and delay closing; correct before notarization to avoid re-execution.
Attach supporting exhibits referenced in declarations
Include copies of prior deeds, payoff letters, or lease agreements referenced in the affidavit. Clear, labeled exhibits reduce title company follow-ups and provide the documentary basis for the sworn statements, improving insurer acceptance.
Use precise, unambiguous language for sworn statements
Avoid generalities such as 'reasonable value' or 'to the best of my knowledge' without dates or details. Specify dates, amounts, and parties to limit ambiguity and reduce potential challenges to the affidavit's assertions in underwriting or litigation.
Confirm notary and RON compliance before signing
Verify whether the recorder or insurer accepts remote online notarization, and select a notary method accordingly. Ensure identity proofing and audio-video retention meet state RON rules to prevent recording or insurance rejection.

eSignature Pricing and Feature Comparison for Affidavit Workflows

Compare common eSignature plan features and starting prices relevant when processing Borrower Affidavit Forms and managing notarization 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 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Borrower Affidavits

Answers to common Borrower Affidavit Form questions on execution, notarization, and submission help avoid processing delays and legal issues.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.