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Ohio Seller's Affidavit

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OWNER'S (SELLER'S) AFFIDAVIT

NOTE: Complete all provisions which apply.

STATE OF OHIO, 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 , .

NOTARY PUBLIC

My Commission Expires:

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What the Ohio Seller's Affidavit Is and When It’s Used

The Ohio Seller's Affidavit is a sworn statement completed by a property seller to confirm facts about title, ownership, encumbrances, marital or spousal interests, and any known claims affecting the property. Typically executed at or before closing, the affidavit provides representations relied on by title companies, lenders, and buyers to issue title insurance and to permit recording of conveyance documents. In Ohio closings it commonly accompanies the deed, closing statement, and title commitment and may be required by the title insurer to clear exceptions or permit closing to proceed.

Why a Seller's Affidavit Matters in Ohio Transactions

A properly completed affidavit reduces post-closing title risk, supplies the title insurer with written seller representations, and clarifies ownership facts for lenders and buyers. It creates a written record a title company can rely on to issue or broaden title insurance and to avoid later disputes over undisclosed liens, ownership claims, or marital interests. ESIGN and UETA support electronic execution where permitted, subject to narrow statutory exceptions.

Why a Seller's Affidavit Matters in Ohio Transactions

Who Typically Prepares and Relies on This Affidavit

Common participants in an Ohio real estate closing use the Seller's Affidavit to document title facts and seller representations.

  • Sellers and signing agents who complete representations and attest to facts about ownership and encumbrances.
  • Title companies and escrow agents that rely on sworn statements to clear exceptions for title insurance.
  • Lenders and underwriters who require sworn confirmation of liens, judgments, bankruptcy filings, or other risks.

Each party relies on the affidavit for different purposes: closing, underwriting, and post‑closing dispute resolution.

Core Elements to Include in a Professional Seller's Affidavit

A comprehensive affidavit presents clear identification, a precise property description, explicit statements about liens and encumbrances, declarative seller warranties, disclosure of pending actions, and a properly executed signature block with notarization or RON details.

Seller Identity

Full legal name, marital status, and any trade or DBA names; include business entity type and authorized signer details for corporate sellers.

Property Description

Complete legal description as on the deed, including lot, block, and subdivision or metes and bounds; reference parcel number if available.

Liens and Encumbrances

Clear affirmative statements about mortgages, mechanic's liens, judgments, tax liens, and whether any are being paid at closing.

Representations

Affirmations that the seller has authority to convey, no pending bankruptcy affects title, and that no unlapsed claims exist that would impair conveyance.

Pending Actions

Disclosure of pending lawsuits, probate matters, partition actions, or family law issues that could affect title or owner's ability to convey.

Execution Details

Signature block with printed name, date, notarization or RON evidence, and capacity statement (individual, trustee, corporate officer, etc.).

Essential Data Items to Verify

Identity Verification: Match government ID to affiant
Legal Description: Use deed-level wording
Parcel Number: County auditor parcel ID
Lien Status: List mortgages and liens
Closing Date: MM/DD/YYYY format
Signature Method: Wet-notary or e-sign evidence

Step-by-Step: Completing the Ohio Seller's Affidavit

Follow these steps in order to prepare a legally reliable affidavit for an Ohio real estate closing.

  • 01
    Gather documents: Collect deed, title commitment, ID, and closing statement.
  • 02
    Enter seller details: Provide exact legal name and entity information.
  • 03
    Declare encumbrances: Affirm whether liens, judgments, or pending suits exist.
  • 04
    Sign and notarize: Execute with proper notarization or approved RON method.

Typical Electronic Workflow for the Affidavit

Digital workflows streamline preparation, signature, notarization, and distribution while preserving an auditable trail of actions and timestamps.

  • Upload document: Start with a PDF or DOCX of the affidavit.
  • Place fields: Add name, date, signature, and notarization fields.
  • Send to signer: Deliver via email link or secure signer invite.
  • Finalize: Capture audit trail, notarization evidence, and store executed copy.

Technical Considerations for eSigning and Notarization

Ensure the chosen platform supports required file formats, authentication strength, and notary workflows before sending the affidavit for signature.

  • File formats: PDF and DOCX supported
  • Integrations: Connects with title and CRM systems
  • Authentication: Email, SMS, or advanced KBA

Timing and Delivery Expectations for Closings

Timely completion and delivery of the Seller's Affidavit is critical to avoid closing delays and title exceptions.

Delivery at closing:

Affidavit is typically signed and delivered at or immediately before closing.

Title insurance issuance:

Title company often requires affidavit before issuing final policy.

Recording window:

Deed recording follows closing; affidavit supports recording but is usually retained by title company.

RON session retention:

If notarized remotely, audio-video and records must be retained per state RON rules.

Post-closing updates:

Corrective affidavits should be executed promptly if errors are found.

Common Preparation Pitfalls to Avoid

  • Using an informal or incomplete legal description that does not match the deed and triggers title exceptions or recording rejections.
  • Entering seller names that differ from government ID or formation documents, causing escrow holds or delayed closings.
  • Failing to disclose known liens, judgments, or pending litigation, which can result in title insurance exclusions or post‑closing claims.
  • Missing or improper notarization—failing to follow in‑person or RON procedures can render the affidavit unusable for recording or insurer reliance.

Risks and Consequences of an Incorrect Affidavit

Title Claim: Post-closing dispute
Insurance Denial: Policy exceptions or rescission
Recording Rejection: County refuses deed
Tax Exposure: Transfer tax or reporting issues
Closing Delay: Escrow or lender holds
Fraud Risk: Potential liability for forged signatures

Comparing eSignature Vendors for Executing the Affidavit

Overview of starting prices and feature availability across common eSignature vendors. signNow is listed first per vendor ordering rules.

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 plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Premium tier) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the Ohio Seller's Affidavit

Answers to commonly asked questions about completion, notarization, electronic signing, and retention for Ohio sellers and closing professionals.


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