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Sellers Affidavit of No Liens

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OWNER'S (SELLER'S) AFFIDAVIT

NOTE: Complete all provisions which apply.

STATE OF ALABAMA,
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 owning 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 estates 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 known 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 Sellers Affidavit of No Liens Is

A Sellers Affidavit of No Liens is a sworn statement from a seller asserting that the property or asset being sold is free of liens, encumbrances, or unpaid judgments that could interfere with transfer of title. Common in real estate and vehicle sales, the affidavit provides a written representation used by buyers, title companies, and lenders to evaluate title risk, condition closing, and support issuance of title insurance. Where executed electronically, the affidavit is typically enforceable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes, subject to statutory exceptions and any notarization requirements.

Why a Sellers Affidavit Matters in Transactions

The affidavit narrows title risk, documents seller representations about encumbrances, and often satisfies lender or title company conditions. It helps speed closings, supports title insurance underwriting, and creates a clear record for post-closing disputes or claims.

Why a Sellers Affidavit Matters in Transactions

Who typically prepares and relies on this affidavit

Several parties interact with the Sellers Affidavit of No Liens during a transaction; responsibilities vary by role and jurisdiction.

  • Sellers — Individual owners or authorized corporate officers who must disclose liens and sign the affidavit under penalty of perjury.
  • Title and escrow companies — Use the affidavit to clear title exceptions and validate conditions for issuing title insurance.
  • Lenders and servicers — Require the affidavit to confirm collateral is lien-free before funding or releasing funds.

Roles may differ when attorneys prepare closing packages or when a power of attorney signs; confirm signer authority and any state-specific execution rules.

Essential parts of a professional Sellers Affidavit of No Liens

A complete affidavit is concise but specific: it identifies the parties, the asset, any known encumbrances, and contains sworn language, signature blocks, and acknowledgements suitable for recording or title review.

Parties

Full legal names and capacities (individual, trustee, corporate officer). Include entity formation state and title to show authority to sell and bind the seller.

Property Description

Complete street address, legal description, and parcel or VIN number where applicable so the asset is unmistakably identified for title searches and recording.

Lien Representation

Clear sworn statement that no liens, mortgages, judgments, or unpaid taxes exist except those specifically listed, with explicit reference to any known recorded encumbrances.

Effective Date

A date that defines the point in time the seller represents the lien status; this date is essential for title searches and lender cut-off periods.

Signature Block

Space for seller signature, printed name, title if applicable, and date; must state signer authority and include notary acknowledgement where required.

Attachments

Place to list or attach supporting documents such as lien releases, payoff statements, or title searches that corroborate the seller’s representations.

Required information fields at a glance

Seller Name: Full legal name
Seller Capacity: Individual or entity type
Property Address: Street, city, state, ZIP
Parcel/VIN: Parcel ID or VIN
Encumbrance List: Known liens or 'none'
Execution Date: MM/DD/YYYY

Step-by-step: completing the affidavit

Follow a short, verifiable sequence to prepare, sign, and deliver the affidavit so it satisfies title, lender, and recording requirements.

  • 01
    Gather documents: Collect deed, payoff letters, and title report excerpts.
  • 02
    Fill fields: Enter legal names, parcel/VIN, and exact property description.
  • 03
    Attach proof: Add lien releases or statements where applicable.
  • 04
    Sign and notarize: Have authorized signer execute and complete notary steps.

Process flow for preparing and sending the affidavit

A standard workflow moves from document preparation through authentication to final delivery and recording-ready export.

  • Upload document: Import PDF or DOCX into your signing platform.
  • Place fields: Add signature, date, and attachment placeholders.
  • Invite signer: Send secure email or SMS link for execution.
  • Complete record: Generate signed copy and audit trail for distribution.

Configuring an online affidavit workflow

Configure authentication, notary settings, and template behavior to match legal requirements and reduce signer friction.

Field Configuration
Authentication method Email link | SMS code | KBA optional
Template saving Save as reusable template for future sales
Conditional fields Show lien details only when entries exist
Notary settings Require in-person or enable RON where permitted

Technical and platform considerations

Confirm the signing platform supports required file formats, authentication strength, and any remote notarization workflows before execution.

  • File formats: PDF, DOCX supported
  • Integrations: CRM and storage connections
  • Authentication: Email, SMS, or stronger

Choose a platform that preserves an audit trail, supports lawful e-signature standards, and offers integrations such as Salesforce, NetSuite, Google Workspace, and common cloud storage providers to automate routing and long-term storage.

Timing to watch during the transaction

Certain dates affect title search currency, lender conditions, and recording; confirm timeline windows early to avoid delays at closing.

Closing date:

Date when ownership transfers; coordinate affidavit delivery.

Delivery deadline:

Buyer or title company may set submission cutoff.

Lender condition period:

Lenders often require current lien status within 30 days.

Title review window:

Title examers may request documents within 3–7 days.

Recording window:

Record deeds and related docs per county timing.

Common mistakes to avoid when preparing the affidavit

  • Omitting exact seller capacity or failing to include corporate officer title can render the affidavit ineffective for closing.
  • Using informal or incomplete property descriptions instead of legal descriptions or parcel numbers confuses title searches and delays underwriting.
  • Failing to attach signed lien releases or payoff statements when liens are claimed undermines the seller’s representation and prolongs closing.
  • Missing notarization or incorrect notary acknowledgements in jurisdictions that require them can cause the affidavit to be rejected by title companies.

Risks and potential consequences of incorrect affidavits

Title defects: May cause claims
Insurance denial: Title insurer may limit coverage
Closing delay: Funding can be postponed
Lender rejection: Loan conditions unmet
Legal liability: Seller may face damages
Fraud allegation: False statements carry penalties

Real-world examples of affidavit use

These short examples show how organizations use seller affidavits to close transactions and resolve title questions efficiently.

Optica Ventures (Brian Fitzgibbons)

Optica used standardized affidavits to support remote closings and improve customer experience.

  • The interface was simple and easy to use.
  • As a result, title exceptions were resolved faster, buyers received clearer documentation, and the company reduced follow-up requests to escrow by a measurable amount.

Martin Properties (Tim Martin)

A real estate operator digitized affidavits for rental asset sales.

  • I can process and execute all of these documents online with 100% compliance and built-in security.
  • This allowed faster turnover of properties, fewer in-person signings, and improved recordkeeping for audit and resale readiness.

Practical tips for accurate and efficient completion

Adopt consistent habits that reduce errors, speed review, and ensure the affidavit meets title and lender requirements.

Verify legal names
Use the exact legal name shown on the deed or corporate filings; mismatched names are a frequent cause of title objections and can require re-execution or corrective affidavits.
Attach supporting evidence
Include lien releases, payoff statements, and recent title search excerpts as attachments so recipients can quickly confirm the seller’s representations without additional document requests.
Confirm signer authority
For entities, verify corporate officer authority or use a certified resolution; for trustees or agents, attach powers of attorney to establish execution authority before closing.
Match execution to law
Follow state-specific notary, witness, or RON requirements; an improperly executed affidavit may be rejected and delay the transaction significantly.

eSignature vendor comparison for executing the affidavit

Comparison of typical vendor pricing and basic capability markers relevant to affidavit execution; signNow appears first as the initial column entry per table conventions.

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 Yes, 7-day trial Trial varies Trial varies Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and troubleshooting

Answers to common execution, legal, and delivery questions that arise when preparing or submitting a Sellers Affidavit of No Liens.


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