Establishing secure connection…Loading editor…Preparing document…

Title Disclosure Statement for Real Estate

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

TITLE DISCLOSURE STATEMENT FOR REAL ESTATE

Property Identification

Parties

Title and Deed Information

Current recorded owner of title:

Type of recorded instrument conveying title to current owner:

Date of recording (if known):

Encumbrances, Liens and Financial Matters

Are there any recorded mortgages, trust deeds, or liens affecting the property? Yes No

Are there any outstanding property tax delinquencies or pending assessments? Yes No

Easements, Access, Surveys and Boundaries

Are there any recorded or unrecorded easements, rights-of-way, or recorded access restrictions? Yes No

Is there a recent survey available for the property? Yes No

Date of most recent survey (if known):

Covenants, Conditions, Restrictions, and Homeowners Association

Are there restrictive covenants, CC&Rs, or an association governing the property? Yes No

Pending Actions, Claims and Bankruptcy

To the best of Seller's knowledge, are there any pending lawsuits, liens, probate matters, bankruptcy, or other claims that may affect title or ownership? Yes No

Utilities, Environmental and Other Material Facts

Are there known environmental conditions, contamination, or governmental violations affecting the property? Yes No

Title Insurance and Closing Matters

Is there an existing title insurance policy covering the Seller's ownership? Yes No

Anticipated or agreed closing date:

Seller's Representations and Certifications

Seller hereby certifies, to the best of Seller's actual knowledge after reasonable inquiry, that the statements made in this Title Disclosure Statement are complete and accurate. Seller further represents that Seller is lawfully entitled to convey the property and that, except as expressly disclosed herein, there are no undisclosed encumbrances, liens, leases, unrecorded agreements, or claims by third parties affecting title or possession.

Seller agrees to disclose promptly any material change to the facts set forth in this statement prior to closing. Seller acknowledges that Buyer and Buyer's title insurer may rely on the representations herein and that Seller may be liable for losses, costs, and expenses, including reasonable attorneys' fees, resulting from intentional misrepresentation or material omissions in this statement.

Remedies, Governing Law, and Integration

In the event of a material breach of the representations in this statement, Buyer may pursue any remedy available at law or in equity, including rescission, damages, or specific performance. This Title Disclosure Statement is governed by the laws of the state in which the property is located. This statement, together with the purchase agreement between the parties, constitutes the entire agreement with respect to Seller's disclosures of title matters and supersedes any prior oral or written disclosures.

Acknowledgment

Buyer acknowledges receipt of this Title Disclosure Statement and understands that Buyer and Buyer's title insurer will rely on the disclosures contained herein and in any supplemental written disclosures provided by Seller prior to closing.

Additional Exhibits

By signing below, Seller and Buyer each acknowledge and certify the information provided in this Title Disclosure Statement.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

Enter text✕

What a Title Disclosure Statement for Real Estate Is

A Title Disclosure Statement for Real Estate is a formal written record that identifies the legal owner(s), the full property legal description, recorded liens, mortgages, easements, covenants, and any known title defects that could affect transferability. It is used by sellers, buyers, lenders, title insurers, and escrow agents to evaluate marketable title and to plan cures before closing. The statement typically accompanies a title commitment or search report and can be executed electronically where ESIGN (15 U.S.C. §7001) and state UETA laws permit, subject to notarial or recording exceptions.

Why a Clear Title Disclosure Statement Matters

A clear disclosure reduces closing delays, limits post-closing disputes, and supports title insurance underwriting. Accurate disclosures give lenders and buyers the information needed to accept exceptions or require cures, improving predictability for all parties while aligning with state disclosure obligations.

Why a Clear Title Disclosure Statement Matters

Who Typically Prepares and Relies on This Statement

Common users prepare, verify, or rely on the Title Disclosure Statement during contract negotiation and closing.

  • Listing brokers and sellers — prepare and disclose known title information to prospective buyers.
  • Title companies and escrow officers — review disclosures, attach to title commitments, request cures.
  • Buyers, lenders, and insurers — use disclosures to evaluate risk and underwriting acceptance.

Deliver the statement early in the transaction and update it if new title matters arise before recording.

Who Has Authority to Sign

Property Owner — Individual/Entity

An owner named on the recorded deed has primary authority to sign the disclosure. Entities must provide proof of signing authority (corporate resolution, articles, or trust instrument) and any required documentation before the title insurer or recorder will accept the signature.

Title Company Officer — Authorized Representative

A licensed title officer or escrow agent can complete administrative sections and attest to examination results, but owner attestation or a valid power of attorney is usually required for ownership certifications and for curing title defects prior to closing.

Step-by-Step: Prepare and Deliver the Title Disclosure Statement

Follow these sequential steps to prepare, verify, and deliver an accurate Title Disclosure Statement for closing and underwriting review.

  • 01
    Prepare: Gather deed, mortgage, and tax records.
  • 02
    Complete: Enter all fields and list exceptions.
  • 03
    Verify: Confirm signer authority and identity documents.
  • 04
    Deliver: Send to title, lender, and buyer.

Essential Components of a Professional Title Disclosure Statement

A robust statement groups identifying data, encumbrances, exceptions, and required attestations to support title examination and closing.

Parties & Roles

Identify seller(s), buyer(s), lender, escrow agent, and any trustees or corporate signatories. Include contact details and specify who will resolve title defects or supply missing documents.

Property Description

Provide the full legal description, street address, and parcel/APN. Accurate description ensures correct recording and alignment with county and tax records.

Recorded Encumbrances

List mortgages, liens, judgments, easements, and recorded restrictions with instrument or docket numbers when available. Indicate pending releases or subordinate agreements.

Unrecorded Matters

Disclose known unrecorded agreements, boundary disputes, or informal easements that could affect marketable title and outline planned resolutions prior to closing.

Title Exceptions

Note standard exceptions from the title commitment, such as mineral rights, utility easements, and covenants, and clarify which exceptions are acceptable or will be cured.

Certification & Signature

Include a signature block with printed name, capacity, date, and notary acknowledgement if required. Provide space for title company attestation and witness signatures where applicable.

Required Information: Quick Reference

Property Legal Description: Full legal description as on deed
Parcel / APN: Assessor parcel number or APN
Owner Name(s): Exact legal owner name(s)
Encumbrances: Recorded liens, mortgages, easements
Recording References: Book, page, or instrument number
Signature and Date: Signer name, title, and date

Penalties and Risks of an Incorrect Statement

Closing Delays: Delayed settlement and additional costs
Title Insurance Denial: Coverage exclusions or premium increases
Liability Claims: Post-closing indemnity claims
Recording Rejection: County recorder rejection risk
Regulatory Exposure: State disclosure law penalties
Reputational Harm: Marketability impact on listing

Common Mistakes to Avoid When Preparing the Statement

  • Using an abbreviated legal description or P.O. box instead of the full deed description often causes recording rejection and can delay closing by days or weeks.
  • Mismatched signer names between the disclosure and the recorded deed commonly trigger title insurer exceptions and may require corrective affidavits or re-execution.
  • Failing to disclose recorded or known unrecorded liens, judgments, or easements invites post-closing claims and potential indemnity obligations from the seller.
  • Submitting unsigned or improperly notarized disclosures, or omitting required witness attestations, creates administrative rework and may cause lender or insurer objections.

Where to Send or File the Statement

A Title Disclosure Statement typically flows from preparer into title examination, lender review, and then is kept with escrow or recorded materials depending on local practice.

  • Upload: Submit to title company portal or email.
  • Review: Title examiner checks encumbrances and exceptions.
  • Cure: Resolve liens or obtain releases if necessary.
  • Record: County recorder files the deed and related instruments.

How to Configure an Online Title Disclosure Workflow

Recommended field settings and validation speeds completion and reduces errors during eSubmission and title review.

Field name and recommended configuration Type, validation, and conditional logic settings
Signature Field Required; signer name and date auto-populate
Date Field MM/DD/YYYY format; auto-fill option enabled
Conditional Fields Show encumbrance details if 'Yes' selected
Attachment Field Accept PDF, DOCX; require supporting documents

Technical Requirements for eSubmission and eSigning

Ensure your eSignature platform supports secure storage, a complete audit trail, and integrations with title and lender systems.

  • Integrations: Salesforce, NetSuite, Google Workspace integrations
  • Formats: PDF, DOCX, and image support
  • Authentication: Email, SMS, or KBA options

Timelines, Deadlines, and Typical Processing Expectations

Timing for delivery, review, cure, and recording affects lender approval and closing; build buffer days into the schedule to accommodate title cures and county recording.

Disclosure Delivery Timing:

Provide disclosure to buyer and lender before or at contract acceptance

Title Review Window:

Allow at least three business days for examiner review and issue reporting

Cure Period:

Agree on time to resolve defects; typically a few business days to weeks

Recording Timeline:

Record deeds per county schedules; same-day or next-business-day possible

Retention After Closing:

Retain executed disclosure for statutory period per document retention rules

eSignature Pricing and Feature Snapshot for Title Disclosures

Platform pricing and core capabilities relevant to Title Disclosure Statement execution are shown below. signNow is listed first per comparison 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 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes

Real-World Examples of Title Disclosure Use

Two short examples show how organizations handle disclosures and remote execution in practice.

Martin Properties — Tim Martin

Tim Martin’s brokerage digitized disclosures to avoid in-person signings and speed closings.

  • Remote signing enabled full compliance on mobile.
  • As a result, the team processed closings online with consistent security controls, reducing turnaround time and administrative overhead while maintaining records for underwriting.

Fertility Centers — John Butler

A healthcare operator needed secure electronic disclosures tied to property transfers.

  • The team applied BAAs and audit trails for compliance.
  • This approach preserved PHI protections, ensured reliable signatures, and allowed legal teams to integrate executed documents into secure records for future audits and transfers.

Frequently Asked Questions about Title Disclosure Statements

Answers to common issues when preparing, signing, and delivering Title Disclosure Statements for Real Estate transactions.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users