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What is an Affidavit Of Title in the State of Ohio?

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What is an Affidavit Of Title in the State of Ohio?

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Matthew A. Schwartz

Ohio Real Estate Attorney

An affidavit of title is a legal document provided by the seller of a piece of property that explicitly states the status of any potential legal issues with regard to the property being sold or the seller of the property.

An affidavit is a sworn statement of fact specifying the seller of a property holds the title to the property and acts as proof that the seller of the property in fact owns the property.  An Affidavit of Title also includes an attestation from the Seller that any other facts about the property are correct and is notarized by an official notary public.

What Property or Seller Details Could an Affidavit of Title include?

An Affidavit of Title can include that there are no contractor liens on the property, that the seller is not in a legal proceeding that could attach to the property or that the seller is delinquent in taxes related to the property.  Other details may include information from a site survey that stipulates issues with the zoning of the property or boundaries of the property.  The Affidavit of Title is there to protect the buyer from any errors or misrepresentation of the property or the seller from the seller.

Contents of an Affidavit of Title in Ohio

The basic content of an Affidavit of Title include personal details about the seller like name and current address. Other statements include:

  • The seller is the owner of record for the property being sold to the buyer;
  • The seller is not simultaneously selling the property being sold to any other party;
  • There are no liens from lenders, contractors or other parties on the property being sold;
  • There are no outstanding assessments for the property being sold or assessments outstanding against the property.
  • The seller is not in bankruptcy proceedings or is filing bankruptcy proceedings that may attach to the property being sold.

Other Things Covered by an Affidavit of Title in Ohio

  • A mortgage lien is still on the property as a method to identify what liens are on the property being sold;
  • There are easements on the property from a prior survey or an easement may need to be done with a new survey of the property
Key Components of an Affidavit of Title
  1. An Affidavit of Title is a Legal, notarized document that requires the seller to disclose any legal issues regarding the property being sold and the sellers personal legal status.
  2. The Affidavit of Title protects the BUYER from legal issues surrounding the seller or the property.
  3. Ohio REQUIRES an Affidavit of Title in real estate transactions.
  4. Ohio title companies REQUIRE an Affidavit of Title before title insurance can be issued.
  5. The Affidavit of Title can be used in legal proceedings if issues arrive after the transaction for the property and the seller failed to disclose the issues.

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