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Homeowner Affidavit for Canada

Homeowner Affidavit Template for Canada

A Homeowner Affidavit is a sworn legal document used throughout Canadian provinces and territories that contains formal declarations made by a property owner regarding specific aspects of their property ownership, occupancy, or other relevant circumstances. The document must comply with federal and provincial requirements for sworn statements and typically requires execution before a Commissioner of Oaths or Notary Public. It serves as official evidence in various property-related matters, from mortgage applications to insurance claims, and can be used in both administrative proceedings and court matters where verification of property-related facts is required.

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What is a Homeowner Affidavit?

The Homeowner Affidavit is a crucial legal document used across Canadian jurisdictions when formal verification of property-related facts is required. This document is typically needed in situations such as mortgage refinancing, property insurance claims, title insurance applications, or when dealing with municipal authorities regarding property matters. The affidavit must comply with both federal legislation (such as the Canada Evidence Act) and relevant provincial laws governing sworn statements. It includes detailed information about the property, ownership status, occupancy, and other relevant declarations specific to the purpose of the affidavit. The document requires proper execution before a qualified official such as a Commissioner of Oaths or Notary Public to be legally valid, and false statements made in the affidavit can have serious legal consequences.

What sections should be included in a Homeowner Affidavit?

1. Identification of Affiant: States the full legal name, current address, and occupation of the person making the affidavit

2. Property Description: Detailed legal description of the property in question, including municipal address and legal title information

3. Basis of Knowledge: Statement establishing how the affiant has personal knowledge of the facts being sworn to

4. Property Ownership Declaration: Sworn statement regarding ownership status, including date of acquisition and form of ownership

5. Primary Residence Status: Declaration regarding whether the property serves as the affiant's primary residence

6. Current Occupancy Status: Statement about who currently occupies the property and in what capacity

7. Attestation Clause: Standard legal language confirming that the affiant understands the sworn nature of the document

8. Execution Block: Space for affiant's signature, date, and notary/commissioner details

What sections are optional to include in a Homeowner Affidavit?

1. Mortgage Status: Declaration regarding any existing mortgages or liens on the property - include when relevant to the purpose of the affidavit

2. Renovation History: Details of any major renovations or improvements - include when relevant to property value or permit verification

3. Co-owner Information: Details about any co-owners of the property - include when property has multiple owners

4. Insurance Status: Information about current property insurance - include when required for insurance or lending purposes

5. Property Tax Status: Declaration regarding current status of property taxes - include when relevant to financial verification

6. Zoning Compliance: Statement regarding property's compliance with local zoning laws - include when relevant to use or development matters

What schedules should be included in a Homeowner Affidavit?

1. Schedule A - Property Title Documents: Copies of relevant property title documentation referenced in the affidavit

2. Schedule B - Property Survey: Current survey or plot plan of the property when relevant to the affidavit's purpose

3. Schedule C - Supporting Documents: Any additional documentation referenced in the affidavit such as tax receipts, insurance certificates, or permit documentation

4. Schedule D - Photo Identification: Copy of affiant's government-issued photo identification for verification purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Real Estate

Legal Services

Financial Services

Insurance

Municipal Government

Construction and Development

Property Management

Mortgage Lending

Relevant Teams

Legal

Real Estate

Mortgage Services

Property Management

Insurance Claims

Title Services

Compliance

Risk Management

Document Processing

Administrative Services

Relevant Roles

Real Estate Lawyer

Property Manager

Mortgage Broker

Real Estate Agent

Title Insurance Officer

Legal Assistant

Paralegal

Insurance Claims Adjuster

Municipal Planning Officer

Property Assessor

Notary Public

Commissioner of Oaths

Real Estate Administrator

Compliance Officer

Real Estate Underwriter

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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