HUD Affidavit Form

HUD AFFIDAVIT FORM

Affiant Name:   Affiant Entity Type: Individual Corporation LLC Trust

Affiant Address:

Recipient Name:   Recipient Role:

Recipient Address:

RECITALS

WHEREAS, Affiant is the party identified above and has certain duties, representations and obligations in connection with a mortgage, loan, property transaction or assistance program administered or overseen by the Recipient, identified by HUD Case Number: ; and

WHEREAS, the Recipient has requested an affidavit from Affiant to confirm facts material to eligibility, ownership, occupancy and the absence of undisclosed encumbrances, adverse interests or noncompliance with program requirements; and

WHEREAS, Affiant understands that the representations in this affidavit will be relied upon by the Recipient in determining program eligibility, funding, approval or other official actions.

NOW, THEREFORE

Affiant hereby certifies, represents and warrants to the Recipient as follows:

1. DEFINITIONS

1.1 For purposes of this affidavit, “Property” means the real property located at: .

2. AFFIANT REPRESENTATIONS AND WARRANTIES

2.1 Ownership. Affiant is the lawful owner of the Property and has full power and authority to execute and deliver this affidavit. All information regarding chain of title and ownership known to Affiant is true and complete.

2.2 Occupancy and Use. Affiant affirms that the Property is used and occupied in accordance with the applicable program requirements. If the Property is represented as owner-occupied, Affiant confirms occupancy commenced on: .

2.3 Liens, Encumbrances and Adverse Interests. Except as disclosed in writing to Recipient, there are no liens, encumbrances, judgments, bankruptcy filings, leases, options or other adverse interests affecting the Property that would materially impair the Recipient’s security interest or the Property’s eligibility.

2.4 Compliance with Laws. To Affiant’s knowledge, the Property and Affiant’s ownership and occupancy thereof comply with all applicable federal, state and local laws, rules and program requirements material to the Recipient’s action.

2.5 No Misrepresentations. Affiant has not made to Recipient any material misstatement or omission in connection with the matters addressed in this affidavit, and any documents submitted to Recipient in connection with the Property are true, complete and correct in all material respects.

3. AFFIRMATION AND ACKNOWLEDGMENT

3.1 Affiant affirms under penalty of perjury under the laws of the state governing this affidavit that the facts set forth herein are true and correct to the best of Affiant’s knowledge and belief. Affiant understands that false statements may subject Affiant to civil or criminal penalties.

3.2 Affiant will promptly notify Recipient in writing of any material change in the facts or circumstances described herein prior to any disbursement, funding or other action by Recipient that relies upon this affidavit.

4. NOTICES

5. REMEDIES; INDEMNIFICATION

5.1 Remedies. Recipient may rely upon this affidavit in determining eligibility and may pursue any remedies available at law or in equity for breach of the representations herein, including recovery of damages and costs of investigation.

5.2 Indemnification. Affiant agrees to indemnify, defend and hold harmless Recipient from and against any and all losses, claims, liabilities, damages and expenses (including reasonable attorneys’ fees) arising from a breach of any representation, warranty or covenant contained in this affidavit.

6. MISCELLANEOUS PROVISIONS

Governing Law. This affidavit shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to its choice-of-law principles.

Entire Agreement. This instrument constitutes the entire affidavit and agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written representations and agreements.

Severability. If any provision of this affidavit is held invalid or unenforceable, the remainder of this affidavit shall continue in full force and effect to the fullest extent permitted by law.

Amendments; Waiver. No amendment, waiver or modification of any provision of this affidavit shall be effective unless in writing and signed by both parties. Failure by either party to enforce any provision shall not constitute a waiver of that provision.

Counterparts. This affidavit may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

7. EXCEPTIONS AND EXPLANATIONS

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