Can the affidavit be electronically signed?

Yes. Under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws, most affidavits may be executed electronically if the parties consent and the record is retained. Check state exceptions and recording office policies for any additional requirements.

Is notarization required?

Most states require a notary acknowledgment for deeds and related affidavits; a notary seal and signature typically must appear on the executed document before recording.

Is remote online notarization (RON) acceptable?

RON is allowed where the state authorizes it with proper identity-proofing and recording of audio-video sessions; verify the state’s RON rules and the recorder’s acceptance.

Who must sign the affidavit?

The affidavit must be signed by the legal owner(s) of record or an authorized signatory (e.g., trustee, corporate officer) with documentation showing authority attached as needed.

What supporting documents should be attached?

Attach the recorded deed, title commitment, payoff statements for mortgages listed, and any lien release instruments to substantiate statements in the affidavit.

How do I correct an error after signing?

If minor, parties may execute a corrective affidavit or affidavit of scrivener; material errors often require re-execution with notary acknowledgment and possibly re-recording—consult title counsel.

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Affidavit of Title Made by Owner Selling Real Property

Affidavit of Title Made by Owner Selling Real Property

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

What the Affidavit of Title Made by Owner Selling Real Property Is

An Affidavit of Title Made by Owner Selling Real Property is a sworn written statement by the property owner attesting to ownership, the legal description, encumbrances, and facts affecting title at the time of sale. The affidavit supports the buyer and closing agent by summarizing ownership history, identifying liens or judgments, and confirming that the owner has authority to convey the property. It is executed under penalty of perjury, typically signed by the seller and acknowledged before a notary public, and is used in conveyancing, title insurance underwriting, and post-closing title clearance.

Why this Affidavit Matters in a Real Estate Closing

The affidavit reduces title risk by creating a sworn record of the seller’s representations and revealing known title defects. It helps underwriters evaluate insurance coverage and provides an evidentiary basis for indemnities or post-closing claims.

Who typically completes or relies on this Affidavit

Common participants at closing who prepare, review, or receive the affidavit include sellers, buyers, title companies, and closing attorneys.

Sellers preparing closing documents and disclosing ownership facts to the buyer and title insurer.
Title companies and underwriters assessing risks and issuing title insurance commitments.
Closing attorneys and escrow agents who coordinate signing, notarization, and recording.

Step-by-step: How to Prepare and Execute the Affidavit

Follow these steps in order to prepare a complete affidavit for closing and recording.

01

Gather documents: Collect deed, title commitment, lien searches, and IDs.
02

Draft affidavit: Populate fields with exact legal descriptions and owner names.
03

Review with title company: Confirm disclosures and identify unresolved liens.
04

Sign and notarize: Execute before a notary; retain a recorded copy for all parties.

Configuring a Digital Workflow for this Affidavit

Set up a simple electronic workflow so the seller signs, the notary acknowledges, and the title company receives a certified copy.

Field	Configuration
Prepare template	Lock legal description and dynamic fields.
Assign signers	Seller first, then notary, then title agent
Authentication	Use email plus SMS or KBA for stronger ID
Retention	Attach audit trail and store as PDF/A

How the Affidavit Moves Through Closing When eSigned

A typical eSigning flow reduces in-person steps while preserving notarization and recording requirements.

Upload: Seller or agent uploads the completed affidavit template.
Place fields: Designate signature, date, and notary acknowledgment fields.
Signer action: Seller signs electronically or in-person as required.
Notary/record: Notary completes acknowledgment; title company records or stores.

Technical and Security Considerations for eSigning and eNotarization

Use an eSignature platform that supports audit trails, industry-standard encryption, and RON if remote notarization is required.

Authentication: Email plus SMS or knowledge-based authentication
Document formats: PDF, DOCX; final signed PDF/A recommended
Integrations: Connect to title or document management systems

Key Elements to Include in a Professional Affidavit of Title Made by Owner Selling Real Property

A professionally drafted affidavit contains specific clauses that address ownership, encumbrances, legal description, and notarization to protect buyer, seller, and title insurer.

Title Statement

Clear declaration that the signer is owner with authority to sell the property.

Ownership History

Summary of how title was acquired and chain of ownership where relevant.

Legal Description

Precise metes-and-bounds or lot-and-block description as on the deed.

Encumbrances

Disclose mortgages, liens, judgments, easements, and covenant limitations.

Notary Acknowledgment

Notary block for acknowledgment with signature and seal area.

Reps & Warranties

Seller’s sworn statements about pending litigation, bankruptcies, or adverse claims.

Essential Data Elements to Provide on the Affidavit

Owner Name: Full legal name

Property Address: Street, city, ZIP

Legal Description: Deed-level description

Parcel ID: Assessor or tax ID

Known Liens: List with recording refs

Notary Details: Notary name, commission number

Timing: When the Affidavit Is Required and Typical Deadlines

Timing depends on closing schedule, title underwriting, and recording office processing times; plan to provide a signed and notarized affidavit before or at closing.

Before closing:

Deliver affidavit to title company during pre-closing review.

At closing:

Seller signs and notary acknowledges contemporaneously with other closing documents.

Recording:

Deed recording occurs after closing; recorder may request affidavit copy.

Post-closing cure:

Address any title exceptions within the insurer’s cure timeframe.

Retention requirement:

Retain executed copies per regulatory and insurer guidelines.

Sequential Closing Milestones Involving the Affidavit

Key milestones show where the affidavit fits into the larger closing timeline.

01

Title Search Completed

Title examiner issues commitment with exceptions and requirements.

02

Affidavit Drafted

Seller or attorney populates affidavit addressing listed exceptions.

03

Signatures and Notarization

Seller signs; notary completes acknowledgment or RON session.

04

Final Recording

Deed recorded and affidavit retained by title company or recorded as required.

Common preparation errors that cause closing delays

Inaccurate legal description that mismatches the deed or title commitment.
Omitting recorded encumbrances or failing to list instrument references.
Mismatched seller name versus deed or ID documents.
Unsigned or improperly notarized affidavit at closing.

Risks and potential consequences of an incorrect or incomplete affidavit

Title Insurance Delay: Underwriter may postpone issuing policy

Recording Rejection: Recorder may return documents unsigned or wrong

Post-Closing Liability: Seller faces indemnity claims or litigation

Tax Penalties: Incorrect tax reporting can trigger IRC §6721 penalties

Notary Violations: Improper notarization can void acknowledgment

Title Defects: Unrevealed liens may survive closing

eSignature platform comparison for executing the Affidavit (signNow listed first)

Comparison of common capability and pricing dimensions across electronic signature vendors; signNow is listed first per platform guidance.

	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

Frequently asked questions about the Affidavit of Title Made by Owner Selling Real Property

Answers to common procedural and legal questions when preparing, signing, and submitting the affidavit.

Need help? Contact support

Can the affidavit be electronically signed?
Yes. Under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws, most affidavits may be executed electronically if the parties consent and the record is retained. Check state exceptions and recording office policies for any additional requirements.
Is notarization required?
Most states require a notary acknowledgment for deeds and related affidavits; a notary seal and signature typically must appear on the executed document before recording.
Is remote online notarization (RON) acceptable?
RON is allowed where the state authorizes it with proper identity-proofing and recording of audio-video sessions; verify the state’s RON rules and the recorder’s acceptance.
Who must sign the affidavit?
The affidavit must be signed by the legal owner(s) of record or an authorized signatory (e.g., trustee, corporate officer) with documentation showing authority attached as needed.
What supporting documents should be attached?
Attach the recorded deed, title commitment, payoff statements for mortgages listed, and any lien release instruments to substantiate statements in the affidavit.
How do I correct an error after signing?
If minor, parties may execute a corrective affidavit or affidavit of scrivener; material errors often require re-execution with notary acknowledgment and possibly re-recording—consult title counsel.

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