Land records · Parcel maps · October 6, 2026
What Is an Affidavit of Title at Closing?
What is an affidavit of title? A seller's sworn statement at closing about liens, judgments, possession, and other title facts the records may not show.
What is an affidavit of title? An affidavit of title, sometimes called a seller’s affidavit or owner’s affidavit, is a sworn statement signed by the seller at closing. In it, the seller confirms facts about the property and their ownership that the public records may not fully show, such as that there are no undisclosed liens, judgments, bankruptcies, unrecorded agreements, or people in possession. Title companies rely on it to issue title insurance and to remove certain standard exceptions. This page is general land-records background, not legal advice.
What it typically states
| Statement | Purpose |
|---|---|
| Seller owns the property | Confirms ownership |
| No undisclosed liens or judgments | Covers gaps in record searches |
| No pending bankruptcies or lawsuits | Protects against unknown claims |
| No unpaid work that could lead to liens | Addresses mechanics lien risk |
| No one else in possession | Covers tenants or unrecorded rights |
| Marital status | Confirms spouse rights are addressed |
| No violations or unrecorded agreements | Covers off-record issues |
Why it is used
Public records have a gap between the title search date and closing, and some issues, like recent unpaid contractor work, may not be recorded yet. The affidavit fills those gaps with the seller’s sworn statements. See what is a title commitment.
Effect on title insurance
With an affidavit, title insurers may remove or narrow exceptions for parties in possession and unrecorded liens. See owner’s vs lender’s title insurance and what is title insurance.
Liability
Because it is sworn, false statements can make the seller liable to the buyer or title insurer. Sellers should read it carefully and disclose any known issues before signing.
Name issues
Similar-name affidavits confirm the seller is not the same person as someone with a similar name who has judgments. These help clear clouds on title. See what is a cloud on title.
Is it recorded?
Usually not; it stays in the closing file. Some related affidavits, like those correcting names or heirs, may be recorded.
Before you sign
Sellers usually see the affidavit for the first time at the closing table, so it helps to ask the title company for a copy ahead of time. Review it for anything that is not accurate: a recent roof job or remodel that is not fully paid, a tenant or relative living in part of the house, a pending divorce, a lawsuit, or an unrecorded agreement with a neighbor. Disclosing these issues lets the title company address them, often with a payoff, a holdback, or a specific exception, instead of facing a claim after closing.
Related affidavits
Closings can include other affidavits as well, such as a no-lien affidavit, a non-foreign status affidavit for tax withholding, a continuous marriage affidavit, or an heirship affidavit when the property passed through an estate. Each addresses a specific fact the title company needs confirmed.
Bottom line
An affidavit of title is the seller’s sworn statement at closing about liens, judgments, possession, and other facts that public records may not show. Title insurers rely on it, and false statements can create liability. Read it carefully before signing. Find county recorders via the Platbookmapper map.
What is an affidavit of title FAQ
Who signs an affidavit of title?
The seller, at closing.
Is an affidavit of title recorded?
Usually not; it stays in the closing file.
Why does the title company need it?
To cover gaps in the records and remove certain exceptions.
What happens if the affidavit is false?
The seller can be liable for losses.
Does the buyer sign an affidavit of title?
Usually the seller does; buyers may sign other affidavits.