Mortgage Affidavit - United States

Mortgage Affidavit for the United Kingdom

Mortgage Affidavit Template for United States

A Mortgage Affidavit is a legally binding sworn statement used in United States real estate transactions where the affiant (typically the borrower) makes specific declarations under oath regarding various aspects of the mortgage transaction. The document must comply with federal regulations including TILA and RESPA, as well as state-specific requirements for property transactions and notarization. It serves as a critical document in the mortgage process, providing verified information about the property, the borrower's intentions, and other relevant details required for the transaction.

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What is a Mortgage Affidavit?

The Mortgage Affidavit is a crucial document in U.S. real estate transactions that provides verified information under oath about various aspects of a mortgage transaction. It is typically required during the mortgage application and closing process to establish facts about the property, the borrower's intentions, and other relevant details. The document helps prevent fraud and ensures compliance with federal and state regulations. Mortgage Affidavits are particularly important in situations involving property ownership verification, occupancy intentions, or refinancing scenarios. They must be properly executed before a notary public and typically become part of the permanent loan record.

What sections should be included in a Mortgage Affidavit?

1. Affiant Information: Personal details and capacity of the person making the affidavit, including full legal name, current address, and relationship to the transaction

2. Property Description: Detailed legal description of the subject property, including address, parcel number, and boundary description

3. Sworn Statements: Core declarations regarding the mortgage transaction, ownership status, and truth of information provided

4. Verification: Statement confirming the truth of all declarations under penalty of perjury, with date and signature

5. Notarization Block: Official notary acknowledgment section including notary's signature, stamp, and commission details

What sections are optional to include in a Mortgage Affidavit?

1. Occupancy Declaration: Statement regarding intended property use, required when the mortgage terms depend on primary residence verification

2. Prior Liens Declaration: Statement regarding existing liens and encumbrances, particularly important in refinancing situations

3. Construction Statement: Details about improvements or construction work, required for construction loans or recent property modifications

4. Marital Status Declaration: Statement about marital status when required by state law or affecting property rights

5. Military Service Declaration: Statement regarding military service status when required under the Servicemembers Civil Relief Act

What schedules should be included in a Mortgage Affidavit?

1. Schedule A - Property Description: Detailed legal property description including metes and bounds or lot/block description

2. Schedule B - Additional Declarations: State-specific requirements or additional sworn statements

3. Supporting Documents: Attachments including referenced documents such as title reports, surveys, or other relevant certificates

4. Identity Verification: Copies of identification documents used to verify the affiant's identity

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

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Free to use

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Banking & Financial Services
Real Estate
Insurance
Legal Services

Relevant Teams

Legal Department
Mortgage Operations
Compliance Team
Risk Management
Document Processing

Relevant Roles

Mortgage Loan Officer
Real Estate Attorney
Title Officer
Compliance Officer
Underwriter

Industries

Truth in Lending Act (TILA): Federal law requiring lenders to provide standardized disclosures about terms and costs associated with mortgage lending.

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring specific disclosures related to mortgage loans and prohibiting certain practices.

Home Mortgage Disclosure Act (HMDA): Federal law requiring financial institutions to maintain and annually disclose data about housing-related lending activities.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation.

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions, including mortgage lending.

Dodd-Frank Wall Street Reform: Comprehensive federal law implementing financial regulatory reform, including mortgage lending practices and consumer protection measures.

State Property Laws: State-specific laws governing real property rights, transfers, and encumbrances.

State Recording Statutes: State laws governing the recording of real estate documents, including requirements for format and content.

State Notary Requirements: State-specific laws governing notarization procedures and requirements for mortgage documents.

State Mortgage and Foreclosure Laws: State-specific regulations governing mortgage creation, enforcement, and foreclosure procedures.

State Homestead Laws: State laws providing certain protections for primary residences against creditors and in bankruptcy.

CFPB Regulations: Federal regulations issued by the Consumer Financial Protection Bureau governing consumer financial products, including mortgages.

Local Recording Requirements: County-specific requirements for document recording, including format, margins, and content specifications.

Statute of Frauds: Legal requirement that certain contracts, including those involving real property, must be in writing and signed to be enforceable.

Perjury Laws: State and federal laws governing false statements made under oath, applicable to affidavits as sworn statements.

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Supplementary Affidavit

An England & Wales legal document adding or correcting information to an existing affidavit in legal proceedings.

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Download a Standard Template

What is a Mortgage Affidavit?

What sections should be included in a Mortgage Affidavit?

What sections are optional to include in a Mortgage Affidavit?

What schedules should be included in a Mortgage Affidavit?

Authors

Alex Denne

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