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AFFIDAVIT OF NO LIEN TEMPLATE

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Created by:

​[Affiant.FirstName][Affiant.LastName] ​[Affiant.Company]​

Prepared for:

​[Buyer.FirstName][Buyer.LastName]

​[Buyer.Company]​

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An affidavit of no lien is beneficial for the purchaser of a property and the purchaser’s title insurance company because it ensures that the property being purchased does not have liens on it with amounts owing for materials, services, labor, etc. Some real estate transactions will require this no lien affidavit, or some parties may request it as an extra legal precaution.

If there are multiple property owners, make sure to add each name and the corresponding details.

This Affidavit of No Lien (the “Agreement”) is made and effective as of this (day, month, and year).

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BETWEEN:

​[Affiant.FirstName]​[Affiant.LastName] (the "Affiant"), the legal owner of [Property.StreetAddress][Property.City][Property.State][Property.PostalCode][Property.Country].

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AND:

​[Buyer.FirstName][Buyer.LastName] (the "Buyer"), the party intending to purchase the property located at [Property.StreetAddress][Property.City][Property.State][Property.PostalCode][Property.Country].

In this Affidavit of No Lien, a lien represents a legal claim of another against the property specified in the document for either the payment of a debt or the performance of an obligation. Some examples of liens are a mortgage on real estate given as security for a loan, a judgment of a court for the payment of money owed, or an obligation owing to a contractor, subcontractor, or other mechanic who has furnished material or labor for the improvement of the property and for which money is owed, or assessments and taxes charged against the property.

In regards to the terms and covenants of this Agreement, and other valuable considerations, both parties agree as follows:

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RECITALS

That Affiant is the Owner of the property (the "Property") known and legally described as follows:

SEE EXHIBIT "A" ATTACHED HERETO (this is applicable if you're attaching a property survey or some other official legal document that sets out the legal description of the property)

or

​[Property.StreetAddress][Property.City][Property.State][Property.PostalCode][Property.Country]​

You’ll want to make sure that this property description matches the legal description, meaning the description that was listed on your purchase and sale agreement, on property surveys, and on government-issued documents such as property tax forms. For example, sometimes there can be variations of postal codes, so you’ll want to make sure the details you’re listing match the legally recognized address.

Part of the purpose of the affidavit of no lien is to assure all parties that there are no outstanding liens of any kind on the property, so clauses like this help to ensure that nothing is missed.

That Affiant has sole possession of the Property, that there is no other party in possession who has any right in the Property, and that Affiant is legally authorized to execute this document.

That Affiant is unaware of any violations of Municipal or County Ordinances, or any State or Federal law pertaining to the Property.

That there are no hidden structural defects in the Property.

That all the improvements and utilities concerning the Property are located within the boundary lines of the Property or within recorded easements or lands dedicated to public use, and that there have been no violations of any restrictions affecting the Property or disputes with any adjoining property owners as to the location of property lines or the encroachment of any improvements.

That said Property is not currently the subject of or affected by any bankruptcy, insolvency proceeding, or creditor's reorganization, and none have been threatened, contemplated, or are pending.

That there have been no alterations, improvements, or repairs to the Property for which the costs thereof remain unpaid, and that there are no unrecorded mechanical, labor, or material liens or claims against the Property.

That there has been no work done nor notice received of any work that is to be done by the City, Village, Township, County, State, or any other governmental authority, or at its direction, in connection with the installation of water, sewer, sidewalks, curbs, alleys or streets, or repairs or improvements thereto, and that there are no unrecorded easements or liens of assessments related to any of said work.

That there are no claims of any kind or description whatsoever against any equipment or fixtures located on the Property.

That there are no unrecorded deeds or mortgages, options to purchase, or existing contracts for sale against the Property.

That all taxes, either State or Country, upon the Property, if any, have been paid in full.

That this affidavit of no lien is made for the purpose of:

(Describe the legal purpose of this affidavit of no lien form, whether to help in the procurement of title insurance, meet the requirement of municipal or state laws, help in the procurement of a mortgage, or provide peace of mind and legal assurances to the buyer).

Adding confirmation that the Affiant has read and fully understands the agreement helps assure that they have signed off in a sound state of mind and will full comprehension, making it harder for them to potentially backtrack later on.

That no decree or judgment has been entered in any court of this State or the United States against the Affiant which currently remains unsatisfied.

That there is no pending dispute or litigation concerning or involving the location of the boundaries of the Property or any part thereof.

That Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of (insert state) for falsely swearing to statements made in an agreement of this nature.

That Affiant has read or has heard read the full facts of this Affidavit and understands its context.

That Affiant understands they will be bound under this Affidavit under penalties of perjury.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.

​

Signature

MM / DD / YYYY

​[Buyer.FirstName][Buyer.LastName]​

​

Signature

MM / DD / YYYY

​

Signature

MM / DD / YYYY

​[Affiant.FirstName][Affiant.LastName]​

​[Witness.FirstName][Witness.LastName]​

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FAQ

  • An affidavit of no lien is a document used in property purchases. By signing this document, the current property owner guarantees that the property does not have liens on it. In other words, no one has any claims on the property whatsoever, through deed, mortgage, an option to purchase, or an existing contract for sale.

  • There are different types of liens, and they can be applied by different entities. These entities may include government agencies (i.e. when the owner won’t pay their property taxes), courts on behalf of creditors, and sometimes creditors themselves (service providers who haven’t been fully compensated for their work).

  • An affidavit of title is required whenever lenders and title companies are participating in a real estate transaction.

Affidavit Of No Lien Template PandaDoc

Affidavit of No Lien Template can be beneficial for the purchaser of a property and the purchaser’s title insurance company because it ensures that the property being purchased does not have liens on it with amounts owing for services.

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Affidavit of No Lien Template

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Affidavit of No Lien Template can be beneficial for the purchaser of a property and the purchaser's title insurance company because it ensures that the property being purchased does not have liens on it with amounts owing for services.

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