OWNER/SELLER’S AFFIDAVIT
State of New York
County of
I ______being duly sworn, depose and say as follows:
1. I am the owner of premises known as ______described in ______Certificate #______.
2. I have owned and occupied the premises for ______years, peaceably and undisturbed. To my knowledge, the title thereto has never been questioned. I know of no reason any other person might claim any right, title or interest in and to any portion of the premises.
3. There are no unpaid taxes, assessments, water charges or sewer rents against the premises now due and owing.
4. There have been no buildings or exterior improvements constructed on the premises within the last two (2) years except:
5. The premises are used solely for residential purposes. There are no tenants, lessees or other persons in possession of any portion of the premises except: ______
(if applicable) such tenants are month-to-month or pursuant to written lease for terms not in excess of ______months without the right to renew. No lease contains an option to purchase.
6. To the best of my knowledge, I have allowed no one to encroach on the premises, to have any easements therein (other than ordinary utility easements), or to use any portion thereof for any purposes. There are no rights of way or common driveways running along or through the premises. I have not encroached on any adjoining premises. I have no knowledge of any violation of any covenants, restrictions or agreements affecting the premises.
7. (If Applicable:) A survey dated ______made by ______shows the premises as they exist today, except ______.
8. I have been known by no other name within the last ten (1) years, except ______. To the best of my knowledge, there are no unsatisfied judgments or liens against me anywhere. I have never been the subject of a bankruptcy proceeding.
9. (If applicable: ) I have read the list of ______judgments and ______liens contained in the Certificate. They are not against me, but are against another person with the same or similar name. I have never resided or conducted business at any of the addresses shown for the judgment debtors.
10. ______is forwarding payment to the holder an existing mortgage in satisfaction of my indebtedness, I agree to pay any additional sums which may be required by such holder to obtain a discharge of such mortgage.
11. I am about to sell, lease or mortgage the premises. I make this affidavit to induce ______to issue its policies of title insurance thereon. I know that it is relying on the truth of what is contained herein.
12. That there ______a purchase money mortgage being given by the purchaser to the undersigned to secure a portion of the purchase price. In the event a purchase money mortgage is being given, the seller acknowledges it is and will be subject and subordinate to a first mortgage being executed simultaneously herewith by ______, as purchaser(s) to ______, as lender.
13. If this affidavit is made by more than one person, the word “I” shall be construed as “we” wherever it appears; but each of us is separately swearing to the truth hereof.
14.
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Sworn to before this
______day ______, 2001
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NOTARY PUBLIC