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Real Estate Property Transfer Affidavit

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REAL ESTATE PROPERTY TRANSFER AFFIDAVIT

Affiant / Parties

Transferor / Grantor (Full legal name):

Transferee / Grantee (Full legal name):

Property Identification

Transfer Details

Date of transfer:   Consideration (if any): $

Nature of transfer (check applicable):

Title, Liens and Encumbrances

Transferor warrants that, to the best of Transferor's knowledge, title to the Property is vested in Transferor and the property is free of undisclosed liens, encumbrances or adverse claims except as disclosed below.

Are there recorded mortgages or deeds of trust affecting the Property?

Are property taxes current?

Disclosures

Lead-based paint disclosure applicable if improvements were constructed prior to 1978:

Known structural damage, flood or material defects:

Recording / Instrument Information

Has the instrument effecting transfer been recorded?

Affidavit — Statements of Fact

I, Transferor named above, being first duly sworn, depose and state under penalty of perjury that the following statements are true and correct:

  1. The Transferor is the lawful owner of the Property described above and has the full right and authority to transfer the Property to the Transferee.
  2. The transfer described herein was effected on the date specified above for the consideration described, or as otherwise stated in this instrument.
  3. Except as disclosed in this Affidavit, there are no undisclosed contracts, options, leases, judgments, liens or encumbrances affecting the Property.
  4. All material facts known to Transferor affecting title, use, zoning, environmental conditions or other matters affecting value have been disclosed to Transferee.
  5. Transferor agrees to indemnify and defend Transferee against any claims arising from Transferor's misrepresentations or undisclosed encumbrances existing as of the transfer date.

Affirmation, Governing Law and Remedies

This Affidavit shall be governed by the laws of the State of . The parties acknowledge that this Affidavit is intended to supplement recorded instruments and to establish facts for title and tax purposes. Breach of any material representation herein entitles the non-breaching party to any remedy available at law or in equity, including specific performance, damages and costs of enforcement.

Entire Agreement: This Affidavit constitutes the complete written statement of the representations and warranties of the Transferor relating to the matters asserted herein and supersedes all prior statements or agreements, whether oral or written, concerning such matters.

Oath and Signature

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct.

Transferor Printed Name:

By:

Date:

Transferee Printed Name:

By:

Date:

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What the Real Estate Property Transfer Affidavit Is

A Real Estate Property Transfer Affidavit is a sworn written statement used to confirm facts about a transfer of real property, such as the identity of grantor and grantee, the legal description, consideration, and any exceptions affecting title. It supplements conveyance documents submitted for recording, helps county recorders validate transfers, and may be required by title companies or lenders to clear title or update records. The affidavit is executed under penalty of perjury and commonly requires notarization before recording with the local recorder.

Why this affidavit matters in a real estate transfer

Completing this affidavit clarifies title facts, supports proper recording, reduces delays with title insurers or county clerks, and documents the parties’ sworn statements for future reference.

Why this affidavit matters in a real estate transfer

Who typically completes or receives this affidavit

The document is most common in residential and commercial conveyances where title issues, omitted heirs, or clerical errors require an explicit sworn statement.

  • Buyers and sellers verifying identity and transfer details to support recording and title clearance.
  • Title companies and escrow agents who require sworn statements to resolve exceptions or issue policies.
  • County recorder offices and lenders that use the affidavit to validate property history or loan conditions.

Step-by-step: complete and record the affidavit

Follow these sequential actions to prepare, execute, and record the Real Estate Property Transfer Affidavit correctly.

  • 01
    Gather documents: Collect deed, title report, tax parcel number, and ID for all parties.
  • 02
    Complete affidavit: Populate every required field using accurate legal names and the deed legal description.
  • 03
    Notarize: Sign before a notary public or RON-enabled notary per state rules.
  • 04
    Record and distribute: Submit the signed affidavit to the county recorder and provide copies to title and lender.

Where to send the executed affidavit

After execution and notarization, route the affidavit to the recorder and relevant stakeholders to complete the transfer record.

  • County Recorder: Primary filing location for the affidavit to become part of public record.
  • Title Company: Title insurers receive copies to clear exceptions and update policies.
  • Lender / Servicer: If a mortgage exists, send to the lender for loan file updates.
  • Tax Assessor: Provide copy when property reassessment or tax record updates are necessary.

Digital preparation, signing, and integration notes

When using an eSignature platform, confirm compliance with ESIGN (15 U.S.C. ch. 96) and applicable state UETA or ESRA provisions, and ensure notarization methods (in-person or RON) meet the receiving county’s requirements.

  • Document formats: PDF and Word DOCX are accepted for e-sign workflows.
  • Authentication options: Email link, SMS code, or multi-factor authentication.
  • Integrations: CRM and storage integration supports routing and archiving.

eSignature vendor comparison for completing affidavits

High-level vendor comparison showing starting price and selected capabilities commonly used when preparing and signing transfer affidavits.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
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

Required factual elements included in the affidavit

Grantor: Name as on ID
Grantee: Receiving party name
Property Address: Street, city, state, ZIP
Legal Description: Full lot, block, and plat text
Parcel Number: County assessor tax ID
Consideration: Dollar amount or value

Key risks and consequences of errors

Recording Rejection: Document may be refused by recorder
Title Delays: Insurance issuance or closing may be delayed
Tax Issues: Incorrect consideration may affect tax reporting
Fraud Allegations: Mismatched signatures can trigger investigations
Notary Defects: Improper notarization can void the affidavit
Missing Signatures: Unsigned parties create unenforceability

Common preparation mistakes to avoid

  • Using an informal or partial legal description that does not match the deed and causes recorder rejection or ambiguous title records.
  • Mismatched party names between deed and affidavit, which can delay title insurance issuance and require corrective instruments.
  • Failing to notarize correctly or using an out-of-state notary method that the receiving county does not accept for recordation.
  • Omitting parcel or tax ID information that prevents the county from linking the affidavit to existing property records.

Real-world examples of affidavit use

These brief examples show how the affidavit resolves common title or recording issues in practice.

Martin Properties — Title Clearance

After a clerical error omitted the parcel number, the seller submitted a signed affidavit clarifying the transfer

  • Title company accepted the sworn facts without litigation
  • The affidavit allowed timely policy issuance and avoided re-opening escrow, according to the company's closing manager.

Optica Ventures — Remote Execution

A remote grantee used a RON-enabled notary to execute the affidavit

  • Signatures and notarization were recorded via audio-video session
  • The county recorder accepted the electronically notarized affidavit and updated the public record without physical delivery.

Frequently asked questions about transfer affidavits

Answers to common legal and procedural questions to reduce recording issues and ensure enforceability.


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