FHA Affidavit Form

FHA Affidavit Form

This FHA Affidavit is executed as of by and between Lender Name: with principal address: and Affiant Name: residing or located at: .

RECITALS

WHEREAS, Lender is the mortgagee, lender or servicer in connection with a residential mortgage loan originated in accordance with Federal Housing Administration insurance programs, identified by FHA Case No. and Loan No. ; and

WHEREAS, the property subject to the mortgage is commonly known as (Property); and

WHEREAS, Lender requires an affidavit from Affiant to establish certain facts, representations, and warranties relating to occupancy, title, closing, and other matters affecting FHA insurance eligibility and claims.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Affiant hereby makes the following affidavit under penalty of perjury:

1. IDENTIFICATION OF LOAN AND PROPERTY

2. AFFIANT'S REPRESENTATIONS AND WARRANTIES

2.1 Authority and Capacity. Affiant represents that Affiant is duly authorized to execute and deliver this Affidavit and to make the statements herein. If Affiant signs on behalf of an entity, Affiant warrants that Affiant has the authority to bind such entity.

2.2 Occupancy. Affiant affirms that, to the best of Affiant's knowledge, the Property was occupied as the borrower's principal residence at the time of origination: Yes No

2.3 Title and Liens. Affiant affirms that at the time of closing there were no undisclosed agreements, unrecorded interests, or liens against the Property other than those disclosed to Lender and recorded instruments of public record, and that no party has knowledge of facts that would materially impair the mortgagee's lien position.

2.4 Truth of Statements. All statements, documents, and representations previously provided to Lender in connection with the Loan and Property are true, complete and correct in all material respects, and Affiant will notify Lender immediately of any fact, event, or circumstance that would render any such statement false or misleading.

3. AFFIDAVIT OF FACTS

4. INDEMNIFICATION AND REMEDIES

Affiant agrees to indemnify, defend and hold harmless Lender and its successors, assigns and agents from and against any and all losses, liabilities, costs and expenses (including reasonable attorneys' fees) that arise from any material misrepresentation, omission, breach of warranty, or failure to disclose by Affiant in this Affidavit, including losses arising from claims for FHA insurance benefits or rescission of insurance.

5. FURTHER ASSURANCES

Affiant shall execute and deliver, at Affiant's expense, any additional documents and take such further actions as Lender may reasonably request to effectuate the purposes of this Affidavit and to perfect, preserve or enforce the mortgagee's rights and remedies.

6. NOTICES

All notices permitted or required under this Affidavit shall be in writing and shall be deemed delivered when delivered personally, by nationally recognized overnight courier, or by certified mail, return receipt requested, to the addresses set forth below or to such other address as a party may designate by notice:

7. AMENDMENT; WAIVER

No amendment, modification or waiver of any provision of this Affidavit will be effective unless in writing and signed by both Lender and Affiant. No failure or delay by either party in exercising any right shall operate as a waiver of that right.

8. GOVERNING LAW

This Affidavit shall be governed by and construed in accordance with the laws of the state where the Property is located, without regard to principles of conflicts of law, except to the extent preempted by federal law applicable to FHA matters.

9. ENTIRE AGREEMENT

This Affidavit constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

10. SEVERABILITY

If any provision of this Affidavit is held invalid or unenforceable, the remainder of this Affidavit will remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely reflects the parties' intent.

11. OATH AND CERTIFICATION

Affiant certifies, under penalty of perjury under the laws of the United States of America and the state in which the Property is located, that the statements made in this Affidavit are true and correct to the best of Affiant's knowledge, information and belief.

AFFIANT ENTITY TYPE

Please indicate Affiant entity type: Individual Corporation Trustee Other:

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