Free California Affidavit of Title - PDF Download

Updated on May 15, 2024

The California Affidavit of Title is a legal document used to affirm the ownership of a property under penalty of perjury. It provides detailed information about the property, its owners, and any liens or encumbrances. This affidavit is often required during real estate transactions to verify the status of the title.

Why Use This California Affidavit of Title?

This affidavit is essential because it:

  • Provides a sworn statement verifying the ownership of the property.
  • Identifies any liens, encumbrances, or claims against the property.
  • Ensures transparency and accuracy in real estate transactions.

How to Write This California Affidavit of Title

  1. Owner Information: Indicate whether the property is owned by a single owner or multiple owners. Provide the names, dates of birth, and social security numbers of the owners. Include marital information if applicable.
  2. Contact Information: Provide the current address and telephone numbers of the owner(s).
  3. Property Details: Specify the address of the property and confirm that all required permits and certificates of occupancy have been obtained.
  4. Improvements: Indicate whether there have been any substantial improvements to the property and describe them if applicable.
  5. Liens or Encumbrances: Declare whether there are any liens or encumbrances on the property and provide details if there are any.
  6. Adverse Claims: State whether there are any adverse claims against the property.
  7. Bankruptcy: Indicate whether the owner(s) have ever declared bankruptcy and provide details if applicable.
  8. Possession: Affirm that the owner(s) have not signed any contracts to sell the property and that there are no tenants or leases unless specified.
  9. Signature: The owner(s) must sign and date the affidavit. A notary public must acknowledge the document.

California Laws

Frequently Asked Questions

Is this affidavit required for all property transactions?

It’s commonly required but depends on the specific transaction and legal requirements.

Do I need a notary for this affidavit?

Yes, a notary public must acknowledge the affidavit to make it legally binding.

Can this form be used for both single and multiple owners?

Yes, it includes sections for both single and multiple owners.

What if there are liens or encumbrances on the property?

They must be disclosed in the affidavit, and additional documentation may be required.

How long is the affidavit valid?

The affidavit is typically valid for the duration of the transaction or until any new changes occur.

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