Posted by LydiaFL on 7/14/06 11:06am
Msg #133187

Survey affidavit

I'm not entirely sure about this document. Who surveys the property?

Reply by Becca_FL on 7/14/06 11:50am
Msg #133197

A surveyor n/m

Reply by LydiaFL on 7/14/06 12:13pm
Msg #133202

Re: A surveyor

So all I have to do is get the borrower to show me her survey and have her fill out the top portion of the form b/c they sent it to me blank

Reply by dickb/wi on 7/14/06 2:54pm
Msg #133257

there are usually 2 forms of the survey affidavit that i see......one is a long form that usually has a blank line toward the top that speaks to a sale-if this is a re fi then you just have them insert N/A in that spot and sign the doc and then you notarize their signature.....the doc states that their improvements don't encroach on to the neighbors and vice versa......this doc is done in lieu of a survey..........the short form that i see has usually 2 paragraphs with a check box in gfront of each......the top one usually says we didn't have a survey at this time.....and the bottom one says we had a survey on such and such a date......check which ever applies have them sign and then notarize. this is the title co's proof that there are no encroachments of any kind [and no unrecorded tax liens-govt orders etc etc]........if any show up later the title co will have recourse to the borrowers for the damage amts......the title co is insuring the title to the property [for the lender] showing that it is clean and the bank will be in first lien position. when docs are recorded the first recording always takes precedence. we call this "an insured closing"........hope this helps.

Reply by LydiaFL on 7/14/06 10:56pm
Msg #133312

Thank you very much for the info. dickb.