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Michigan Affidavit

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OWNER'S (SELLER'S) AFFIDAVIT

NOTE: Complete all provisions which apply.

STATE OF MICHIGAN,
COUNTY OF , SS:

(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 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 owing 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 estate 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 Alabama 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. There 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 know 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.

Owner Signature
Print Name:

Owner Signature
Print Name:

SWORN TO and subscribed in my presence this day of , 20.

NOTARY PUBLIC

My Commission Expires:

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What the Michigan Affidavit Is and when it’s used

A Michigan Affidavit is a sworn written statement used to present facts, establish identity, or support legal or administrative actions within Michigan courts and agencies. It is executed under penalty of perjury and typically includes the declarant’s statement of facts, a signature, a jurat or notarial acknowledgement, and identifying information. Common uses include property and title matters, proof of service, lost instrument claims, and statements used in probate, real estate, or administrative filings. The affidavit’s formality and sworn nature make accuracy and proper authentication essential for enforceability.

Why a properly prepared Michigan Affidavit matters

A correctly completed affidavit creates a clear, sworn record that supports legal claims, verifies identity or ownership, and speeds administrative processing while reducing later disputes or evidentiary challenges.

Why a properly prepared Michigan Affidavit matters

Who typically prepares or signs a Michigan Affidavit

The Michigan Affidavit is used by individuals and organizations that need a sworn statement for legal, administrative, or transactional purposes.

  • Private parties — individuals asserting facts for probate, property, or personal matters.
  • Businesses — corporate officers or agents attesting to records, ownership, or transaction details.
  • Professionals and institutions — attorneys, title companies, lenders, and government agencies requiring sworn confirmations.

Use the affidavit format required by the receiving authority and ensure proper signature, notarization, and retention to maintain admissibility.

Step-by-step: completing a Michigan Affidavit correctly

Follow these sequential steps to ensure the affidavit is complete, sworn, and accepted by the intended recipient.

  • 01
    Prepare facts: Draft clear numbered statements of facts you can swear to.
  • 02
    Complete identification: Enter full legal name, address, and contact details.
  • 03
    Sign before notary: Do not sign until the notary is present for the jurat.
  • 04
    Retain copies: Keep originals and certified copies per retention rules.

Where to send or file the completed Michigan Affidavit

Determine the correct destination based on the affidavit’s purpose; routing steps vary for courts, title companies, and government agencies.

  • Court filing: Submit to the clerk of the county where the case is pending or where venue is proper.
  • County recorder/title: Send original notarized affidavit with deed documents when supporting real estate record changes.
  • Agency submission: Deliver to the specific state or local agency office that requested the affidavit (e.g., probate, licensing).
  • Third parties: Provide notarized copies to lenders, insurers, or title companies as required by the transaction.

How to customize an online Michigan Affidavit workflow

Configure role-based signing, required fields, and notarization placeholders when preparing the document for electronic completion.

Field Configuration
Required Fields Mark legal name, date, signature as required
Notary Placeholder Add jurat block for notary completion
Signer Authentication Use email + SMS or higher assurance methods
Retention Settings Enable secure storage and audit trail

Digital signing and eSubmission considerations

Confirm that electronic signing and notarization methods meet the receiving authority’s requirements before e-submitting an affidavit.

  • File formats: Use PDF or DOCX to preserve formatting
  • Authentication: Use two-factor or identity-proofing for higher assurance
  • Audit trail: Capture timestamps, IP, and signer actions

Platforms supporting PDF, integration with records systems, and an auditable certificate of completion streamline acceptance and long-term storage.

Timing considerations and deadlines for affidavit use

Certain filings require affidavits by specific deadlines; plan for notarization, courier time, and agency processing when a date-driven requirement exists.

Court deadlines:

File by the court-set deadline in the case schedule

Title actions:

Provide supporting affidavits before closing or recordation

Agency submissions:

Meet the agency’s stated filing date to avoid rejection

Notarization windows:

Sign in notary presence on or after the affidavit date

Electronic timing:

Allow time for identity-proofing and RON session scheduling

Key milestones when processing a Michigan Affidavit

A typical affidavit workflow includes preparation, notarization, submission, and retention — follow each milestone in order to ensure admissibility.

01

Draft and review

Prepare clear, numbered factual statements and review for accuracy.

02

Notary appointment

Schedule in-person or RON notary and sign in their presence.

03

Submit to recipient

Deliver the notarized affidavit to the court, agency, or third party as required.

04

Record and retain

Store original and certified copies according to retention policy.

Common mistakes to avoid when preparing a Michigan Affidavit

  • Incomplete jurat or missing notary signature undermines the affidavit’s sworn status.
  • Using unclear or hearsay language instead of first-hand factual statements weakens evidentiary value.
  • Mismatched names or dates compared with IDs or related documents causes verification delays.
  • Signing before the notary or failing to provide ID at notarization can lead to rejection.

Consequences and legal risks of incorrect affidavits

Perjury exposure: False statements may expose the signer to perjury or criminal penalties.
Rejection risk: Improper notarization or missing elements can cause filing or title rejection.
Civil liability: Inaccurate affidavits can trigger civil claims or damages.
Delay costs: Correcting errors may delay transactions and increase fees.
Record invalidation: Courts may refuse to admit a defective affidavit as evidence.
Regulatory exposure: Noncompliance with agency rules may result in administrative sanctions.

Required information and standard fields on the Michigan Affidavit

Declarant Name: Full legal name
Contact Information: Address and phone
Statement of Facts: Numbered factual paragraphs
Date: MM/DD/YYYY format
Signature: Handwritten in notary presence
Notary/Jurat: Official notarial block completed by notary

Practical examples of Michigan Affidavit use

These examples show common scenarios and the affidavit’s practical effect in real transactions.

Real Estate Closing

A buyer provides an affidavit of lost deed to support reconveyance

  • Affidavit affirms lack of originals
  • The affidavit, notarized and recorded, allows title correction while protecting the buyer and lender.

Probate Verification

An heir submits an affidavit of heirship to probate court

  • Affidavit lists family relationships and facts
  • The sworn affidavit simplifies small estate administration and helps establish distribution of personal property.

Commercial eSignature solutions for affidavits — high-level comparison

Comparing common vendor attributes can help determine whether a provider supports notarization, audit trails, and HIPAA or regulatory needs without implying endorsement.

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 trial Varies Varies Varies Varies
Bulk Send Yes Yes Varies Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Varies Varies Varies Varies
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Practical tips for accurate and efficient affidavit completion

Small steps at drafting and execution reduce rejection risk and downstream costs when affidavits support legal or transactional processes.

Use plain numbered facts
Number each factual statement and keep sentences short to aid clarity and evidentiary review.
Confirm identity documents
Bring or reference the exact government ID to the notary to avoid name mismatches.
Reserve notary field
Do not sign the jurat area; sign only in the notary’s presence to preserve validity.
Keep retrievable copies
Store originals and certified copies securely and track retention deadlines.

How a Michigan Affidavit differs from related documents

Compare common document types to determine whether an affidavit, declaration, or notarized statement is the appropriate instrument.

Criteria Michigan Affidavit Notarized Declaration Affidavit of Heirship
Primary use sworn factual statement signed unsworn statement establish family relationships
Notary required sometimes
Witnesses required generally no varies varies
Legal weight high due to jurat lower if unsworn high for title matters

Frequently asked questions about the Michigan Affidavit

Answers address common execution, notarization, and submission issues encountered when using affidavits in Michigan.


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