An owner’s affidavit, also called an affidavit of title, is a sworn statement the seller signs at closing saying they own the property and listing any liens, tenants, unpaid work, or legal claims. The title company relies on it to insure the buyer without certain standard exceptions. It is usually notarized.
This is general information, not legal advice. Forms and requirements differ by title company, underwriter, and state. Read what you sign, and ask your closing agent or an attorney if anything is unclear.
What is an owner’s affidavit, and is it the same as an affidavit of title?
They are closely related and the names overlap. An owner’s affidavit, seller’s affidavit, title affidavit, and affidavit of title all describe a sworn statement by the property owner that gives the title company information a title search cannot show. Names and wording differ by title company and state, so use the form your closing agent provides.
A Florida law firm glossary describes an affidavit of title as a sworn statement executed by the seller at closing that confirms ownership, discloses the seller’s personal circumstances, and identifies potential title issues that may not be discoverable through a standard title search (Barnes Walker). A commercial real estate glossary defines an owner’s affidavit as a document signed by the seller, given to the buyer and title company, that provides proof of ownership and factual information on bankruptcy, liens, agreements, or judgments against the property (Adventures in CRE).
What does an owner’s affidavit say?
Typical sections cover mechanics’ liens, parties in possession, liens and judgments, taxes and assessments, and gap coverage. The seller swears each statement is true or strikes a section and explains. The wording below is general; the actual form comes from your title company and may have more or fewer sections.
| Section | What the seller swears | Why it matters |
| Mechanics’ liens | No work or materials were furnished within a set period, often 90 days, that could support an unfiled lien | Contractors can file liens after closing |
| Parties in possession | No tenants or others occupy the property, or an explanation of who does | Occupants may have rights the buyer should know about |
| Liens, judgments, bankruptcy | No unpaid judgments, pending suits, or bankruptcy affecting the owner | These can attach to the property |
| Taxes and assessments | No unpaid or delinquent real estate taxes, assessments, or water and sewer charges | Unpaid charges can become liens |
| Gap coverage | The owner agrees to indemnify the insurer for matters arising between the commitment date and recording | Funding can occur before the deed is recorded |
| Identity and ownership | Who the owner is, marital status where relevant, and how long they have held title | Confirms the person signing is the right one |
These categories come from title underwriters’ own forms and instructions. First American’s instructions say the owner’s affidavit should be signed by the seller in a purchase and by the owner or borrower in a refinance, that the mechanics’ lien section should be struck if work was done within 90 days before closing, and that parties in possession must be explained or an exception appears in the policy (First American instructions). Old Republic’s Virginia requirement describes an owner’s affidavit as to mechanic’s liens, possession, and gap coverage, plus statements on unpaid taxes, assessments, and water and sewer charges (Old Republic Title).
Why do title companies require an owner’s affidavit?
A title search finds recorded matters. It cannot find unrecorded ones such as unfiled mechanics’ liens, occupants, or recent disputes. The affidavit lets the title insurer rely on the seller’s sworn statement and remove some standard exceptions from the owner’s policy, giving the buyer broader coverage. Without it, the policy may carry exceptions.
Lexis Practical Guidance describes an owner’s affidavit and gap indemnity as given by a real estate owner to induce the title insurer to exclude certain standard exceptions from the policy, with representations about ownership, liens, and matters such as bankruptcy (Lexis Practical Guidance). Typical purchase contract language requires a seller’s title affidavit in a form sufficient to allow the title company to remove the standard exceptions and give gap coverage (Law Insider). First American adds that if proof of payment is not provided, an exception for possible unfiled mechanics’ liens must appear in the policy (First American instructions).
Who signs an owner’s affidavit, and when?
The seller signs in a purchase, and the owner or borrower signs in a refinance. If there are co-owners, each should sign. The affidavit is usually signed at or before closing, in front of a notary, and delivered to the title company along with the deed and other seller documents.
A form provider’s guide stresses gathering the signatures of all sellers and having the form notarized, and warns against forgetting a co-owner or neglecting to disclose known obligations (US Legal Forms). The gap indemnity matters because funding can occur before the deed and mortgage are recorded, and the owner agrees to protect the insurer for matters that arise in between (Old Republic Title). Ask your closing agent when it needs the signed original, so a seller who lives elsewhere can sign in time.
What are the risks of a false or incomplete owner’s affidavit?
A false statement can cost you coverage and money. The title insurer relies on the affidavit, so if a claim arises from something you did not disclose, the insurer may deny coverage and pursue the seller. A knowingly false sworn statement can also expose you to perjury or false swearing charges.
• Concealing a pending lawsuit or recent construction may lead the title insurer to deny coverage for resulting claims (Barnes Walker).
• The affidavit creates a representation the title company relies on, which can give it a basis for subrogation against the seller (Barnes Walker).
• A form provider says the owner affidavit places the seller on the hook for claims that arise and are not covered by the title policy, so report recent work and tenants honestly (US Legal Forms).
• A signed false statement under oath can be perjury or false swearing (legal dictionary entry).
If work was done on the property recently, tell the title company early. First American’s instructions say to consult the local office about whether coverage can be given, instead of signing a statement that is not true.
What is the difference between an affidavit of title, an owner’s affidavit, and an affidavit of no liens?
An affidavit of no liens is narrower. It certifies only that no liens exist. An affidavit of title or owner’s affidavit is broader and covers ownership, possession, judgments, taxes, and sometimes marital status. Which one you sign depends on what the title company and lender ask for.
| Document | Typical scope |
| Affidavit of no lien | A sworn statement that the property has no outstanding liens or similar encumbrances |
| Owner’s affidavit or title affidavit | Ownership, liens, parties in possession, mechanics’ liens, taxes, and gap coverage for the title insurer |
| Affidavit of title | A broader seller statement that may also cover marital status, possession rights, and judgments |
One template provider says an affidavit of no lien is a sworn declaration that the property carries no outstanding liens, while an affidavit of title is a broader statement covering ownership, marital status, possession, judgments, and liens in one document (Business-in-a-Box). A Houston real estate guide adds that an affidavit of title includes the seller’s identity, ownership, and statements about liens and possession (HAR.com). Closing agents may also request other seller documents, so ask for the full list early.
Does an owner’s affidavit need to be notarized, and can you sign it online?
It is a sworn statement, so it is normally signed before a notary with a jurat. Whether you can notarize it online depends on your state, your title company, and the underwriter. Ask the closing agent first. Many sellers who are out of town prefer online notarization, but the title company decides what it accepts.
BlueNotary can notarize an owner’s affidavit online where the title company accepts it: upload the unsigned PDF, verify your identity, and sign on video in front of an online notary public. See its signer instructions, last updated July 14, 2026, and the identity guide. Title and escrow teams can learn more on BlueNotary’s title and real estate page. Signature-only documents can use BlueNotary’s eSign, but a sworn affidavit needs a notary.
One notarization with one stamp is $25, each additional signer is $5, each additional stamp is $8, and a witness is free if you bring one and $10 if BlueNotary provides one (checked October 2026, fee schedule). A seller and spouse signing one affidavit would be $30 (hypothetical total). For a closing handled through a title company, BlueNotary’s closing package is $99 flat with its on-demand notary, with no extra stamp or signer fees, or $45 on Business Pro and Closing Pro plans. An in-person notary at the title office can be better when the company wants to witness signatures itself. See the pricing page and the remote online notarization page.
Have your affidavit from the title company? Notarize Your Affidavit Online with BlueNotary after you confirm the title company accepts it.
FAQs
1. Who prepares the owner’s affidavit?
Usually the title or escrow company, using its underwriter’s form. Review it carefully, and ask for it early so you can fix problems before closing.
2. Is an owner’s affidavit required to sell a house?
Not by law everywhere, but title companies commonly require it to issue a standard owner’s policy without certain exceptions. Your purchase contract may also require it.
3. What if I have had work done on the house recently?
Tell the title company. Work within the period on the form, often 90 days, may mean the mechanics’ lien section cannot be signed as written and extra proof of payment is needed.
4. Do both spouses or all co-owners sign?
Usually every owner signs. A form guide warns that forgetting a co-owner’s signature is a common mistake. Ask your closing agent who must sign.
5. Can the seller sign the affidavit from another state?
Often yes with a mobile or online notary, if the title company accepts it. Confirm acceptance first, and allow time for the signed original to reach the closing agent.
