Real Estate · 5 min read
The Title Affidavit, Decoded for Signing Agents
Every closing package includes a Title Affidavit. Here's what each section means and which clauses trigger the most signer questions.
The Title Affidavit (sometimes called the Owner's Affidavit or Seller's Affidavit) is the seller's sworn statement that there are no unrecorded liens, mechanics' claims, leases, or possessory interests that could disrupt the buyer's title insurance.
Most packages combine this with a Gap Affidavit covering the brief window between title search and recording. Signers often ask about home improvement contractors and rental tenants — both are common sources of unrecorded liens.
The signing agent's job is to ensure the affidavit is signed and notarized — not to advise on the truth of the statements. If the signer hesitates on any clause, refer them to the title officer before completing the package.