An affidavit is a written statement of facts made under oath and signed before a notary public. Unlike a simple written statement, an affidavit carries legal weight — making a false statement in an affidavit constitutes perjury, which is a criminal offense. In real estate transactions, affidavits serve numerous critical purposes throughout the closing process, providing sworn confirmations that help establish clear title and protect all parties.
The most common affidavit at closing is the seller's affidavit (also called an owner's affidavit). In this document, the seller swears under oath that there are no undisclosed liens, claims, or encumbrances against the property; that no work has been performed that could give rise to a mechanic's lien; that there are no unrecorded contracts or leases; and that no one other than the seller has a claim to the property. This affidavit protects the buyer and the title insurance company against hidden claims.
Other common real estate affidavits include the identity affidavit (confirming the signer is the actual property owner and not someone with a similar name), the gap affidavit (covering the period between the title search date and recording of the new deed), the non-foreign affidavit (FIRPTA — confirming the seller is not a foreign person, which affects tax withholding), and the marital status affidavit (confirming whether the seller is married, which may affect property rights).
In some transactions, additional affidavits may be required. If there are name discrepancies in the chain of title (for example, the deed says "John Smith" but the mortgage says "John A. Smith"), a name affidavit can confirm they are the same person. If the property was recently improved, a construction affidavit may be needed to confirm all contractors have been paid. Estate transactions may require an affidavit of heirship to establish the rights of the seller to convey the property.
At Beycome Title, we prepare all necessary affidavits as part of your closing package at no additional charge. Our team knows exactly which affidavits are required for your specific transaction type and state. Whether you are closing in Florida or Texas, we ensure every affidavit is properly drafted, executed, and — where necessary — recorded. Learn more about what happens at closing or get your free title quote.