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Form #649

Affidavit by Grantor that he or she has Title and Possession.

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Affidavit by grantor that he or she has title and possession - Free Legal Form

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Affidavit by grantor that he or she has title and possession.

I, A.B., of _________, in county of _________, and state of _________, being duly sworn, do say that the property described in the deed to C.D. has been held by deponent and preceding owners for the period of more than _________ years and that possession has been peaceable and undisturbed, and that the title has never been disputed or questioned to my knowledge or belief. No person has any valid contract for the purchase of the premises, or any part, unknown to G.H., attorneys for the grantee, nor does deponent know any facts by reason of which the possession of or title to the premises, or any part, might be disputed or questioned, or by reason of which any claim to any part of the property, or to an undivided interest, adverse to deponent, might be alleged, set up or made. There is no suit or proceeding pending in any court or elsewhere affecting the premises or any part. The premises are free and clear of all taxes, encumbrances, or liens by attachment, notice, mortgage, decree, judgment, or by statute, or by reason of any proceedings in any court, state or national, or filed in the office of the clerk of any county or court in this state, and of all other liens of every nature and sort recorded or unrecorded, except as follows: _________[specifying them].

Deponent further says that there are no judgments, decrees, attachments, or orders of any court or officer for the payment of money against him [her] individually or in connection with any other party, unsatisfied or not cancelled of record in any of the courts or before any officer of the United States or of this state, and that no proceedings in bankruptcy have ever been instituted by or against him [her] in any court, or before any officer of any state, or of the United States.

Deponent further states that he [she] is now in possession as sole owner of the premises, which are the premises described in the deed to C.D., and further says that he [she] resides at _________, that he [she] is a citizen of the United States of America, of the age of _________ years and upwards, and is married to _________, who is the same person who has executed the deed with deponent, and who is over the age of 18 years.

Deponent further says that all the statements and representations in this affidavit are made in order to induce the grantee to pay to deponent the sum of _________ dollars.

Subscribed and sworn before me this _________ day of _________[month], _________[year].



 
Contributed by
Legal Concepts LTD
 
Name of Firm Legal Concepts LTD
Total Forms Contributed 63
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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Comments

submitted 12/7/2008
by DavidMarshall  

"There are a number of situations in which the owner of land may need to certify by affidavit that he or she has a good title, and that the title is not encumbered in a way that might disturb continuing quiet possession. If that need does arise, a legal form along these lines would be used. It confirms two things. The first is the personal knowledge of the owner who swears the affidavit. Obviously, if the person executes this affidavit knowing it to be false, a crime is committed. The second factor is confirmation that there are no charges or encumbrances registered against the title. This is a matter of record and can be independently verified by the other party. As with all legal forms involving title to land, there are always reasonably significant amounts of money involved so getting advice on customizing the form is always best."
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Keywords: affidavit, title, real estate, possession, grantor, legal forms

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