Affidavit of Title Information
An Affidavit of Title is typically executed during the closing process of a real estate sale. It provides essential information about the seller’s ownership, outstanding debts, pending lawsuits, or other matters that could cloud the title. The document is signed under oath before a notary public, ensuring its legal credibility. Title companies often require this affidavit to verify that no hidden issues will affect the buyer’s ownership rights after purchase. If any misrepresentation is found later, the seller can be held legally responsible for losses or defects related to the property’s title.
Florida Legal Definition
In Florida, an Affidavit of Title is recognized as a legally binding statement that supports the accuracy of a property’s title status in real estate transactions. While not mandated by statute, it is commonly required by title insurers and closing agents to confirm that the seller holds valid ownership and that no undisclosed encumbrances exist. The affidavit must be signed under oath before a notary public and may be recorded along with the deed or closing documents. If false statements are made, the seller may face civil or criminal penalties for fraud or perjury under Florida law.
How It’s Used in Practice
In practice, an Affidavit of Title is used at real estate closings to give the buyer and title insurer confidence in the legitimacy of the transaction. Sellers provide the affidavit to disclose any relevant title issues such as unpaid taxes, liens, or pending claims. Attorneys and title companies review the affidavit as part of the due diligence process to ensure the property can be transferred free and clear. If later disputes arise, the affidavit serves as evidence of the seller’s representations at the time of sale, helping resolve ownership or liability issues.
Key Takeaways
- An Affidavit of Title is a sworn statement confirming property ownership and title accuracy.
- It assures buyers and title companies that no undisclosed liens or claims exist.
- Must be signed under oath before a notary public and provided at closing.
- Commonly required in Florida real estate transactions for title verification.
- False statements in the affidavit can result in legal penalties for the seller.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
Real Estate Attorneys
Business Attorneys
Litigation Attorneys
Inheritance Attorney
Inheritance Disputes
Estate Planning Attorneys
Inheritance Attorney
Probate Attorney
Probate & Trusts
Bradenton Probate Attorney
Sarasota Probate Attorney
Estate Planning Attorney
Contact Information:
Tel: 941-867-7818
Email: info@barneswalker.com
LinkedIn | Facebook | Instagram | YouTube | Reddit | X/Twitter
Trust • Experience • Results
Get started with Barnes Walker today.
Bradenton Office
3119 Manatee Avenue West
Bradenton, Florida 34205
Anna Maria Island Office
5203 Gulf Drive
Holmes Beach, Florida 34217
Sarasota – Ringling Office
1776 Ringling Boulevard
Sarasota, Florida 34236
Lakewood Ranch Office
9020 58th Drive East,
Suite 103
Bradenton, Florida 34202
Parrish Office
8405 U.S. Hwy 301 North
Suite 103
Parrish, Florida 34219
Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC is located in Bradenton, FL and serves clients through all of Florida and concentrated in and around Palmetto, Bradenton, Ellenton, Tallevast, Longboat Key, Sarasota, Terra Ceia, Parrish, Cortez, Myakka City, Bradenton Beach, Holmes Beach, Ruskin, Anna Maria, Sun City Center, Osprey, North Port, Wimauma, Venice, Laurel, Nokomis, Hillsborough County, Manatee County, Pinellas County and Sarasota County.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profiles at Lawyers.com and Martindale.com
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE
THIS IS TO GIVE YOU NOTICE that Barnes Walker Title, Inc. is a separate entity from Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC (“BWGPSJR). However, BWGPSJR has a business relationship with Barnes Walker Title, Inc. Barnes Walker Title, Inc. is wholly owned in equal shares by two of the three principals of BWGPSJR, Garret T. Barnes and Adron H. Walker. As such it is not uncommon for BWGPSR to refer clients to Barnes Walker Title, Inc. Because of this relationship, any such referral will provide a financial or other benefit to those principals of BWGPSR.
Pursuant to 12 C.F.R. § 1024.15(b)(2) (2021), as a client of BWGPSR, you may be referred to Barnes Walker Title, Inc. for the issuance of a title insurance policy and other settlement services as part of BWGPSJR’s representation of you in connection with the settlement of your loan on, or the sale, purchase, or refinance of, your property.
THERE ARE FREQUENTLY OTHER TITLE INSURANCE AND SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
By using this website, you indicate that you have read the above Disclosures, and understand the business relationship between the separate entities Barnes Walker, Goethe, Perron, Shea & Johnson, Robinson, PLLC and Barnes Walker Title, Inc. and that the stated principals of BWGPSJR and Barnes Walker Title, Inc. may receive a financial or other benefit as the result of the referrals stemming from this business relationship.
© 1995- 2025 • Barnes Walker • All Rights Reserved • Directory • Site Map • Protected by PsyberEdge Strategies
Convenient offices throughout Sarasota and Manatee County, see our maps and directions to find the one nearest you.