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Legal Affidavit of Value

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LEGAL AFFIDAVIT OF VALUE

This Legal Affidavit of Value is made on by Affiant Name: of Affiant Address: (hereinafter "Affiant") in favor of Recipient Name: of Recipient Address: (hereinafter "Recipient").

RECITALS

WHEREAS, Affiant is the purchaser/transferee or other party involved in the conveyance of certain real property described below (the "Property"); and

WHEREAS, the conveyance from Seller Name: to Buyer Name: was effectuated by an instrument recorded or to be recorded in County: on or about Date of Conveyance: ; and

WHEREAS, certain jurisdictions require a sworn statement of the consideration and value of the Property for purposes of recording, transfer tax, assessment or public record, and Affiant is submitting this Affidavit to satisfy such requirements and to declare the true value and consideration of the transaction.

NOW THEREFORE

NOW THEREFORE, for and in consideration of the foregoing recitals and the mutual covenants contained herein, Affiant hereby certifies, affirms, and states under oath as follows:

1. PROPERTY

1.1 Property Address:

1.2 Parcel or Tax ID No.:

2. STATEMENT OF VALUE AND CONSIDERATION

2.1 Purchase Price. Affiant states that the total consideration for the conveyance of the Property was the sum of $ (USD).

2.2 Manner of Payment. The consideration was paid or to be paid as follows:

2.3 Other Consideration. Affiant declares that no other material consideration, whether monetary or otherwise, was paid by or to any party in connection with the conveyance except as disclosed:

3. RELATIONSHIP OF PARTIES; SPECIAL CIRCUMSTANCES

3.1 Affiant is a(n):

3.2 Relationship. Affiant declares whether the parties to the transaction are related or had a preexisting commercial relationship:

4. REPRESENTATIONS AND WARRANTIES

4.1 Affiant hereby affirms, under penalty of perjury, that the statements contained in this Affidavit are true, correct and complete to the best of Affiant's knowledge; that the consideration stated is the total amount paid or to be paid and that no material facts have been omitted with intent to mislead any person or entity relying upon this Affidavit.

4.2 Affiant further represents that Affiant has authority to execute this Affidavit on behalf of the party identified herein and that the execution of this Affidavit is not in violation of any contract, law, or court order.

5. USE, RECORDING AND TAX IMPLICATIONS

5.1 Purpose. This Affidavit is prepared for the purpose of informing public records, transfer tax authorities, or taxing jurisdictions of the true consideration and value of the Property, and may be relied upon by recording officers, tax assessors, and other governmental entities for the indicated purposes.

5.2 Transfer Taxes and Fees. Affiant acknowledges that any statements made herein may be used to determine transfer taxes, documentary fees, or other charges. Affiant is responsible for correction of any errors or omissions and for any resulting assessments, penalties or interest.

6. REMEDIES AND PENALTIES

6.1 Affiant acknowledges that willful submission of a materially false statement in this Affidavit may constitute perjury or other criminal offenses under applicable law and may give rise to civil liability, including but not limited to penalties, fines and forfeiture.

6.2 Affiant agrees to indemnify and hold harmless Recipient and any recording authority from and against any claims, losses, liabilities, costs or expenses arising from Affiant's false or incomplete statements contained in this Affidavit.

7. NOTICES

7.1 All notices, demands or communications required or permitted hereunder shall be in writing and shall be deemed delivered when personally delivered, sent by nationally recognized overnight courier, or when deposited with the United States Postal Service as certified mail, return receipt requested, to the addresses provided above or to such other addresses as the parties may designate by notice in accordance with this Section.

8. AMENDMENT, WAIVER, AND COUNTERPARTS

8.1 This Affidavit may not be amended or modified except by a written instrument signed by the parties. No waiver of any provision of this Affidavit shall be effective unless in writing and signed by the party waiving compliance.

8.2 This Affidavit may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

9.1 Governing Law. This Affidavit shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflicts of law.

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

9.3 Severability. If any provision of this Affidavit is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it valid and enforceable.

10. EXECUTION; ACKNOWLEDGMENT

10.1 Affiant acknowledges that this Affidavit may be presented to public officials for recording and that such officials may rely upon Affiant's statements. Affiant understands that a material misstatement may expose Affiant to criminal and civil penalties.

10.2 Affiant certifies under penalty of perjury under the laws of the State of that the foregoing is true and correct.

IN WITNESS WHEREOF, the parties have executed this Legal Affidavit of Value as of the date first written above.

Affiant

Printed Name:

Signature:

Date:

Recipient

Printed Name:

Signature:

Date:

Enter text✕

What a Legal Affidavit of Value Is and when it’s used

A Legal Affidavit of Value is a sworn statement used in many U.S. jurisdictions to report the consideration, terms, and facts relating to a real property transfer. It typically accompanies recording documents so the county recorder or tax authority can determine transfer tax, exemptions, or assessors’ reporting. The affidavit identifies the property, parties, sale price or other consideration, and any exemptions claimed. It must be signed under oath and, in most states, notarized or acknowledged; some counties accept a remote notarization process where permitted by state law.

Why the affidavit matters for recording and tax accuracy

Using a Legal Affidavit of Value clarifies transfer consideration for recorders and tax authorities, reduces the risk of assessment errors, and documents claimed exemptions or adjustments in a formal, sworn record.

Why the affidavit matters for recording and tax accuracy

Who typically prepares and signs this affidavit

Common participants include closing agents, title companies, buyers and sellers, and attorneys who handle real estate transfers.

  • Title companies and closing agents preparing closing packages and tax reporting at recording.
  • Buyers and sellers attesting to the sale price or exempt status for transfer tax.
  • Real estate attorneys confirming legal descriptions, exemptions, and representations.

County recorders and assessors rely on the affidavit to process recording fees and compute any transfer taxes or exemptions.

Step-by-step: completing the affidavit before closing

Follow these core steps to prepare a clear, recordable affidavit of value.

  • 01
    Prepare Draft: Gather deed, purchase agreement, and parcel ID.
  • 02
    Enter Data: Complete fields per fillable-fields guidance.
  • 03
    Sign & Notarize: Sign in notary presence or via authorized RON.
  • 04
    Record: File with county recorder at recording time.

Process overview: from signing to county recording

A concise flow shows how the affidavit moves through closing, notarization, and recording.

  • Drafting: Prepare affidavit with closing documents.
  • Authentication: Notary or RON verifies signer identity.
  • Submission: Recorder accepts affidavit with deed.
  • Assessment: Recorder or tax office assesses transfer tax.

Digital workflow settings to streamline affidavits

Configure a repeatable workflow so affidavits are accurate, signed, and routed to the recorder.

Field Configuration
Document Type Affidavit of Value (PDF preferred)
Signer Authentication Email + SMS or enhanced ID verification
Notary In-person or RON based on state rules
Filing Destination County recorder or electronic recording vendor

Delivery formats, integrations, and platform needs

Select a platform that accepts standard document types and integrates with your closing tools and storage.

  • File Formats: PDF, DOCX, or HTML accepted for preparation and archival.
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace supported.
  • Authentication: Supports email, SMS codes, KBA, and advanced signer options.

Use solutions that create an audit trail and produce a tamper-evident signed PDF for recording and long-term retention.

Timing considerations and county filing expectations

Deadlines vary by county; plan submission at closing to avoid late fees or tax adjustments.

At Recording:

File affidavit with deed at time of recording where possible.

Post-Recording Window:

Some counties allow short windows; verify local rules before delay.

Tax Reporting:

Transfer tax reporting follows county or state timelines.

Notary Timeframes:

Notarization must match signature date; RON rules may require archived A/V.

Record Retention:

Recorders retain copies per local recordkeeping statutes.

Key milestones from preparation to long-term retention

Milestone sequence for a typical affidavit lifecycle during a property transfer.

01

Prepare Affidavit

Collect transfer documents and compute consideration.

02

Verify Identity

Complete signer authentication before notarization.

03

Record Document

Submit deed and affidavit to county recorder.

04

Retain Records

Store signed affidavit with closing package and digital backup.

Common pitfalls to avoid when preparing the affidavit

  • Incomplete legal descriptions or missing parcel numbers that trigger recording rejections and delays in title insurance issuance.
  • Mismatched party names between deed and affidavit that require corrective instruments or subordinate affidavits to resolve.
  • Vague exemption language that fails to identify statutory basis and prompts follow-up from tax authorities.
  • Failing to notarize correctly or to follow state RON rules, resulting in nonacceptance by the recorder.

Potential consequences of inaccurate affidavits

Recording Rejection: Requires re-execution and additional fees.
Transfer Tax Adjustment: May trigger back taxes and interest.
Title Insurance Delay: Claims or exceptions until corrected.
Perjury Risk: False sworn statements can have criminal exposure.
Administrative Fines: Local penalties for late or incorrect filings.
Business Disruption: Closings or financing delayed pending resolution.

Security, encryption, and compliance for e-filed affidavits

Encryption In Transit: TLS 1.2/1.3
Encryption At Rest: AES-256
Audit Trail: Timestamps, IP, action history
HIPAA / BAA: BAA available for PHI workflows
21 CFR Part 11: Compliance options for regulated records
SOC 2 / ISO: SOC 2 Type II and ISO 27001

Essential components to include in a professional affidavit

A complete affidavit of value should cover legal description, transaction details, and formal attestation language to be accepted by recorders and tax authorities.

Legal Description

Full lot, parcel, or metes-and-bounds description or assessor parcel number to precisely identify the property.

Parties

Full legal names of buyer(s) and seller(s) as they appear on deed and closing documents.

Consideration

Clear statement of sale price, non-cash consideration, and any allocations affecting transfer tax.

Exemptions

Statement of statutory exemption with citation or checkbox for local transfer tax codes.

Oath Language

Sworn statement text attesting to truthfulness under penalty of perjury, per local requirements.

Notary Block

Notary acknowledgment area meeting state standards for ink or electronic notarization.

How an affidavit of value differs from related recording documents

A quick comparison highlights purpose and formal differences among common recording documents.

Document Type Purpose Notarization
Affidavit of Value report consideration
Deed conveys title
Transfer Tax Declaration calculates tax due
Sales Disclosure market data only

eSignature vendor pricing and feature snapshot for affidavit workflows

Compare common vendor criteria relevant to executing and archiving affidavits. Pricing uses publicly available plan starting points and feature indicators.

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 (Business Premium) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about Legal Affidavits of Value

Answers to common concerns about e-signing, notarization, and recording for affidavits of value.


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