Affidavit of Title in Florida
An affidavit of title is a sworn statement executed by the seller at closing that confirms ownership, discloses the seller's personal circumstances, and identifies potential title issues that may not be discoverable through a standard title search. Florida title companies require this document before issuing a title insurance policy.
Key Disclosures
The Florida affidavit of title addresses several critical areas. The seller confirms their identity, marital status, and homestead status. They disclose whether any construction, alterations, or repairs have been performed that could give rise to a mechanics' lien. They identify any parties in possession of the property, such as tenants. And they confirm that no unrecorded contracts, options, or agreements affect the property.
Title Insurance Implications
The affidavit of title is not merely a formality. If the seller makes false statements, such as concealing a pending lawsuit or failing to disclose recent construction, the title insurer may deny coverage for resulting claims. The affidavit creates a contractual representation that the title company relies on in its underwriting decision, providing a basis for subrogation against the seller if a claim arises from undisclosed issues.
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Barnes Walker Title Services
Barnes Walker Title prepares and reviews affidavits of title for all closings handled in our Bradenton office. Submit a title inquiry to coordinate your closing.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC