OMNI TITLE AGENCY
AFFIDAVIT IN CONNECTION WITH REAL PROPERTY LAW § 265-a
Home Equity Theft Protection Act
(Equity Purchaser’s Affidavit)
State of New York }
County of }
, being duly sworn does depose and say:
1. I/we reside at ______
2. I am the purchaser of the Real Property known as ______
(the “Real Property”).
3. I am familiar with the contract of sale affecting the said Real Property.
4. The transaction is exempt from the provisions of § 265-a of the Real Property Law (the Home Equity Theft Protection Act) because the real property is being purchased:
(STRIKE OUT THE FOLLOWING PROVISIONS THAT DO NOT APPLY)
a. for use as my primary residence and I will occupy the Real Property as such; or
b. from a referee in a foreclosure sale conducted pursuant to Article 13 of the Real Property Actions and a for valuable consideration, or Proceedings Law; or
c. is a sale authorized by statute; or
d. is a sale made by order or judgment of a court; or
e. from ______who is my spouse, grandparent, parent, child, grandchild or sibling. (strike out the reference which is inapplicable); or
f. by a not-for-profit housing organization or a public agency.
I/we give this affidavit knowing that Omni Title Agency will rely upon the truth of the statements made above.
______
______
Sworn and subscribed to before me
This day of , 20
______
Notary Public – Sign and Affix Stamp Below
OMNI TITLE AGENCY
HOME EQUITY THEFT PREVENTION ACT AFFIDAVIT
SELLER’S AFFIDAVIT
(SELLER IN FORECLOSURE OR DEFAULT)
State of New York )
County of ) ss:
______, each being duly sworn depose(s) and say(s):
1. I am the owner of, or I am one of the owners of, ______
(insert address) (hereafter the Premises), which I am selling to ______(hereafter the Purchaser).
2. My primary language is ______. (Insert English, Spanish or such other language as is the affiant’s primary language.)
3. The Purchaser gave me notice that I have a limited period of time to cancel the contract. The contract is dated ______, and the Purchaser advised me that I had until ______to cancel the contract.
4. I have moved out, or will be shortly moving out of the Premises. The Purchaser has not, and will not, be leasing any part of the Premises to me. The Purchaser has not told me that I have the right to buy back the Premises, or that in any manner or under any circumstances will I be able to move back into the premises at a future date.
5. The Purchaser has not told me that he/she/it is assisting me to retain ownership of the Premises or to reacquire the Premises in the future.
6. No consideration was paid by the Purchaser to me or to my attorney until after my right to cancel the contract expired.
7. I made this affidavit knowing that Omni Title Agency is relying on the truth of the statements made herein in insuring title to the Premises.
______
______
Sworn to before me on
______, 20
OMNI TITLE AGENCY
HOME EQUITY THEFT PREVENTION ACT AFFIDAVIT
SELLER’S AFFIDAVIT
(SELLER NOT IN FORECLOSURE OR DEFAULT)
State of New York )
County of ) ss:
______, each being duly sworn depose(s) and say(s):
8. I am the owner of, or I am one of the owners of, ______
(insert address) (hereafter the Premises), which I am selling to ______(hereafter the Purchaser).
9. I am not in default in making any payments under my mortgage. There is no action to foreclosure any mortgage on the Premises. I am not in arrears in any real estate taxes due against the property.
10. I make this affidavit knowing that Omni Title Agency is relying on the truth of the statements made herein in insuring title to the Premises.
______
______
Sworn to before me on
______, 20
OMNI TITLE AGENCY
SELLERS’ SUPPLEMENTAL AFFIDAVIT
[For Use With Short Sales or When Seller Continues to Occupy the Premises]
I, the undersigned, hereby say to OMNI TITLE AGENCY, that I am selling the property described in your Commitment No. ______to ______
______
And that I [check all appropriate lines]:
____ will move on or before closing of
____ will remain in possession as a tenant and have no other rights or interest in the land.
____ will remain in possession as a tenant but have a right to re-purchase the land in the future.
____ have no further rights in the property.
____ know that the buyer(s) may re-sell this property, maybe for more money that they paid me.
I say this to you so that you can insure the buyer.
Dated:______
Seller(s):
______
______
______
State of New York :
County of ______:
Sworn to before me this
_____Day of ______20__
______
Notary Public