Posted by MZ925 on 3/6/07 2:02am
Msg #178424
owner/seller affidavit---need assistance....
i am notarizing an owner/seller affidavit and I am a bit confussed, were does the borrower sign?
OWNERS/SELLER AFFIDAVIT
The undersigned, being first duly sworn on oath, depose(s) and say(s):
THAT Affiant(s) is/are the record title holder(s) of the property known and described as follows:
As to Mechanic’s liens: THAT all persons performing labor or furnishing materials in connection with any improvements on subject property within 120 days prior to the date of settlement and with whom I/We am/are in private of contract have been paid in full unless noted below (if left BLANK then deemed to state NONE) by name, address, amount payable or amount claimed to be payable.
Name and Address (state None or list each) Amount Payable
Any willful material misrepresentation in this affidavit, which, causes monetary loss to any financial institution, Title Company, or purchaser shall be punishable as a Class 3 misdemeanor;
As to contracts and conveyances: THAT no agreement or contract for conveyance, written lease, or writing whatsoever is in existence, adversely affecting the title to said premises, except that in connection with which this affidavit is given;
As to possession: THAT there are no parties in possession of said premises, other than the undersigned;
As to Judgments: THAT no judgment or decree has been entered in any court of this State of the United States against said Affiant(s) and which remains unsatisfied: THAT no proceedings in bankruptcy have ever been instituted by or against Deponent(s) in any court or before any officer of any state;
As to marital status: THAT the undersigned is *single or *married (if married and spouse is joining in subject deed/deed of trust, spouse must also join herein);
As to taxes and assessments: THAT there are no unpaid or delinquent real estate taxes or homeowners dues/assessments against said premises; further that there are no unpaid or delinquent water or sewer service charges against said premises; also, that the undersigned has/have not received notice, nor know of any recent or future planned improvements (such as street paving, sidewalks, street lighting, surface drainage, etc.) that will or might result in a special assessment against the property;
THAT the buyers and/or sellers acknowledge the funds
THAT this Affidavit is made to induce the purchase of and/or a loan secured by the premises described herein and issuance of a title insurance policy relating to same;
THAT Affiant(s) further state(s) that he/she/they is/are familiar with the nature of any oath; and with penalties as provided by the laws of the State aforesaid for falsely swearing to statements made in an instrument of this nature. Affiant(s) further certify that he/she/they has/have heard/read the full facts of this Affidavit and understand its contents.
The judgments shown in ServiceLink Report No. are not against me but are against a person of similar name.
I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made here could by punishable by fine, imprisonment or both.
SWORN AND SUBSCRIBED TO before me this_____day of____________________________, ________.
My Commission expires: ___
Notary Public
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Reply by Pamela on 3/6/07 7:56am
Msg #178436
MZ925 Re: owner/seller affidavit---need assistance....
I believe that you are in California.
If so, you need to attach a Jurat, as this document does not
have the correct California notarial verbiage.
http://www.ss.ca.gov/business/notary/notary_jurat.htm
Pam
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