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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. The 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 a Michigan Affidavit Is and when it’s used

A Michigan Affidavit is a written statement sworn or affirmed before a notary public or other authorized official, used to present facts or attestations for legal, administrative, or transactional purposes. Typical uses include identity confirmations, property facts, vehicle ownership statements, proof of residency, and court-related declarations. The affidavit must identify the affiant, state the material facts clearly, include a jurat or notary acknowledgement, and be signed under penalty of perjury when required by law. Formats vary by purpose and recipient; some courts or agencies provide a specific affidavit form to complete.

Why a properly drafted Michigan Affidavit matters

A clear, correctly executed affidavit creates a formal, sworn record that decision makers, courts, and agencies rely on. Electronic execution under ESIGN (15 U.S.C. ch. 96) and state UETA frameworks ensures admissibility in most contexts when intent, attribution, consent, and retention are documented.

Why a properly drafted Michigan Affidavit matters

Step-by-step: Completing and executing a Michigan Affidavit

A straightforward sequence reduces errors and helps recipients accept the affidavit without follow-up.

  • 01
    Prepare facts: Draft concise numbered statements based on personal knowledge.
  • 02
    Complete fields: Fill name, address, date, and case number accurately.
  • 03
    Sign before notary: Appear in person or use authorized RON workflows when permitted.
  • 04
    Distribute copies: Provide signed originals or certified electronic copies to relevant parties.

Typical electronic workflow for an affidavit

Electronic workflows mirror the paper process while preserving an audit trail and enabling remote notarization where state law permits.

  • Document preparation: Upload affidavit template and map fillable fields.
  • Signer authentication: Choose email, SMS, or stronger identity verification.
  • Notarization step: Route to notary for in-person or RON completion.
  • Audit and delivery: Store signed PDF with timestamped audit trail.

Typical platform settings for online affidavits

Configure these settings when building a digital affidavit workflow to meet legal and recipient expectations.

Field Configuration
Signature Type Electronic signature with audit trail
Authentication Email token or SMS code; KBA for higher assurance
Notary Mode In-person or RON session based on state rules
Retention Encrypted storage with downloadable signed PDF

Technical considerations for eSigning and eNotarization

Ensure the signing platform supports required authentication, audit trails, and notarization workflows before starting.

  • Authentication: Email, SMS, KBA, or government ID verification
  • Audit Trail: Capture IP, timestamps, and action logs
  • Document Formats: PDF and DOCX support; produce ISO-compatible signed PDF

Confirm the platform can export a tamper-evident PDF and retain records to meet statutory retention requirements and any agency rules.

Core elements a professional affidavit should include

Assemble these components to make the affidavit complete, admissible, and easy for readers to verify.

Caption

Court or agency heading with case or file number placed at the top to link the affidavit to proceedings or records.

Introduction

Identify affiant with full legal name, address, and capacity (e.g., owner, witness) and state the purpose of the affidavit.

Statement of Facts

Numbered factual paragraphs that set out what the affiant personally knows, avoiding opinions and hearsay whenever possible.

Jurat or Acknowledgement

Notary block where the official confirms identity and administration of oath or affirmation, including date and signature line.

Signature Block

Affiant signature and printed name, followed by the date and, when applicable, the affiant's title or relation to the subject.

Attachments

List and attach any exhibits referenced in the facts; label them Exhibit A, Exhibit B, etc., with page references.

Security and compliance details to track

Encryption: AES-256 at rest
Transport Security: TLS 1.2/1.3
Audit Trail: IP, timestamp, action log
HIPAA Support: BAA available
21 CFR Part 11: Compliance options
SOC 2: Type II certified

Legal risks and potential penalties for incorrect affidavits

Perjury Exposure: Criminal penalties
Rejection Delay: Administrative refusal
Case Impact: Evidentiary exclusion
Filing Fees Lost: Additional costs
I-9 Implications: Employment record fines
Contract Risk: Enforcement issues

Common mistakes to avoid when preparing an affidavit

  • Using vague language or subjective opinions rather than measurable facts can make statements inadmissible or less persuasive to readers.
  • Failing to sign in the presence of a notary or using an improperly completed jurat often results in the affidavit being rejected by courts or agencies.
  • Submitting mismatched names or incorrect dates creates administrative delays and may require a corrected affidavit with additional notarization.
  • Omitting referenced exhibits or failing to mark attachments makes it hard to verify claims and can lead to requests for clarification or strikes from the record.

Timing considerations and processing expectations

While affidavits themselves rarely have a statutory filing deadline, timing matters for related procedures and for meeting agency or court schedules.

Signing Timeframe:

Sign and notarize when facts are current

Court Filing:

File per court schedule or local rule

Agency Processing:

Allow typical review timelines of 7–30 days

Notary Record Retention:

Notary journals often retained 5–10 years

Correction Window:

Submit corrected affidavit promptly to avoid disputes

Key stages from draft to accepted affidavit

Follow these sequential milestones to complete and circulate an affidavit with minimal friction.

01

Drafting Stage

Prepare numbered factual statements and identify exhibits.

02

Review Stage

Have counsel or reviewer check for clarity and admissibility.

03

Execution Stage

Sign before notary, in-person or via authorized RON.

04

Submission Stage

Deliver final affidavit to court, agency, or recipient with exhibits.

Comparing eSignature providers for affidavit execution

Key plan and compliance attributes that affect affidavit workflows and notarization support. signNow is listed first for comparison consistency.

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 by offering Varies by offering Varies by offering Varies by offering
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of affidavit workflows

Examples show how organizations streamline affidavits for business and legal needs.

Optica Ventures — COO

A small investment firm needed customer-facing affidavits for ownership confirmation.

  • They used an electronic template and notary routing.
  • Brian Fitzgibbons noted the interface was simple for the team and customers, enabling consistent sworn statements without in-person meetings.

Martin Properties — Founder

A property manager digitized tenant affidavits about occupancy and condition.

  • The process included a notarization step and stored audit trail.
  • Tim Martin said executing documents online maintained compliance and sped up returning signed affidavits to necessary parties.

Practical tips for accurate and efficient affidavit completion

Apply these practical habits to reduce rework and ensure affidavits are accepted by courts and agencies.

Use plain language
Write short, numbered factual paragraphs; avoid legalese that obscures core facts and slows review.
Verify identity
Confirm the affiant’s government ID and match the name exactly to avoid notarization complications.
Keep exhibits organized
Label and reference each exhibit in the affidavit to make verification straightforward for reviewers.
Preserve audit trails
When eSigning, retain the signed PDF, audit trail, and any RON session recordings per state rules.

Who signs or completes a Michigan Affidavit

Affiant — Individual

The person with direct knowledge of the facts signs the affidavit, provides identification for notarization, and swears or affirms the truthfulness of the statements under penalty of perjury.

Authorized Officer

When an entity is the affiant, a corporate officer or authorized representative signs on the entity’s behalf, identifying their position and authority to attest to the facts.

Frequently asked questions about Michigan Affidavits

Answers to common procedural and legal questions about drafting, notarizing, and submitting an affidavit in Michigan and across the U.S.


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