Updated on November 2, 2021
A California affidavit of title is a legally binding document written following California state laws. It is provided by a person who wants to sell property affirming the status of the property. The facts given in the affidavit of title are considered true when signed and notarized. The document protects the buyer of the said property and highlights potential legal issues as well.
On the top, the date when the undersigned execute the document should be filled.
Owners
For single owners, they should fill in their legal name, date of both, and social security number.
For multiple owners, both should fill in their legal names, date of birth, and social security numbers on the given spaces.
Marital information
- This section indicates whether the owners are married to each other or not.
- The marriage date should be entered for the married.
- Name change: indication of the names before marriage.
- The principal matrimonial residence where an appropriate box that suits the principal matrimonial residence should be ticked.
Contact information
- Current residential address
- Telephone numbers for owner/ both owners
The next section is on property. It indicates the property details such as location and whether or not improvements have been done on the property. A description of the improvements should also be highlighted if any.
Liens and encumbrances
- The affiant(s) should indicate if there are any liens and encumbrances regarding the property.
- They should also indicate if their legal rights to the property are affected by either pending lawsuit, judgment, legal obligations, liens, tax warrants, or tax liens.
- There should also be an indication of whether or not adverse claims have been made regarding the property.
The section that follows highlights bankruptcy (whether or not they have been declared bankrupt) and possession: whether there are tenants on the property or not and the lease expiration date.
A signature and print name of the affiant(s).
Note: Exhibit A should be attached to the affidavit for all that apply. It can either be pending lawsuits, judgments, lease obligations, liens, tax warrants, or tax liens.
Notary acknowledgment
- State and County details
- The date the affidavit is executed
- The name of the undersigned (donor)
- Signature of the notary public
- Name of the notary public
- The date when the commission of the notary public expires
A California affidavit of title is important as it helps the buyer understand any issues surrounding the property they want to purchase. It also protects them in case future legal issues arise after they have purchased the said property.
