The Mortgage Affidavit is a crucial document in Saudi Arabian real estate financing, required when establishing or modifying mortgage arrangements on property. It serves as a formal sworn statement that combines elements of traditional mortgage documentation with Islamic finance principles, ensuring compliance with both civil and Shariah law. The document is typically used during property financing transactions, refinancing, or when updating existing mortgage records. It contains essential declarations about property ownership, the absence of undisclosed encumbrances, and the Shariah-compliant nature of the financing arrangement. The affidavit must be executed in accordance with Saudi Arabian legal requirements, including proper notarization and authentication, and plays a vital role in maintaining transparency in real estate transactions while protecting the interests of all parties involved.
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1. Affiant Information: Details of the person making the affidavit, including full legal name, national ID/Iqama number, and current address
2. Property Identification: Detailed description of the mortgaged property, including its location, deed number, and registration details
3. Mortgage Details: Information about the mortgage agreement, including the financing institution, date of mortgage, and principal amount
4. Shariah Compliance Declaration: Affirmation that the mortgage arrangement complies with Islamic finance principles and is free from prohibited elements (riba)
5. Ownership Declaration: Statement confirming legal ownership of the property and right to mortgage it
6. Encumbrance Declaration: Statement regarding any existing liens, encumbrances, or other claims on the property
7. Truth and Accuracy Statement: Standard affidavit declaration confirming the truth and accuracy of all statements made
8. Execution: Signature block, notarization section, and official stamps
1. Co-Owner Declaration: Required when the property has multiple owners, including spouse or family members
2. Power of Attorney: Required when the affidavit is being executed by an authorized representative
3. Previous Mortgage History: Include when the property has been previously mortgaged or refinanced
4. Foreign Ownership Declaration: Required when the affiant is a non-Saudi national, addressing compliance with foreign ownership laws
5. Commercial Use Declaration: Required when the property is used for commercial purposes or mixed use
1. Schedule A - Property Details: Detailed technical description of the property, including boundaries, dimensions, and any associated rights
2. Schedule B - Title Documents: List of all relevant title documents and their registration details
3. Schedule C - Supporting Documents: List of attached supporting documents such as ID copies, previous title deeds, etc.
4. Appendix 1 - Property Photographs: Recent photographs of the property (if required by the financing institution)
5. Appendix 2 - Property Valuation: Summary of official property valuation report (if required)
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Relevant Teams
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Mortgage Officer
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Notary Public
Real Estate Finance Manager
Legal Documentation Specialist
Property Valuation Expert
Shariah Compliance Officer
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