An affidavit of title is a sworn statement from the seller, given at closing, that they own the property, are the only owners, and know of no liens, judgments, or claims against it other than those listed in the title work. In Pennsylvania it is a standard part of the settlement package and a key source of the title insurance policy.
What an Affidavit of Title Is
An affidavit of title is a sworn written statement from the seller, signed at or just before closing, that confirms the state of the property's title. In it, the seller swears under oath that they own the property, that there are no other owners or claims, that no hidden liens or judgments exist, and that they know of no reason the title cannot pass. It is one of the closing documents a title company assembles before issuing the buyer's title insurance policy.
The affidavit is a snapshot in time. It captures the seller's knowledge as of the closing date, which is why it is signed so close to settlement. A judgment filed against the seller the week before closing should show up in the affidavit and in the updated title search, and it must be handled before the buyer takes title.
What It Typically States
The content of an affidavit of title follows a standard pattern. The seller swears they own the property, there are no undisclosed owners, no undisclosed liens or encumbrances, no bankruptcy or divorce proceedings affecting the property, no unpaid judgments, and no claims by contractors for unpaid work. The affidavit also confirms there are no parties in possession of the property other than the seller, an important point when a tenant or buyer is living there, and that the seller has not been involved in any legal action affecting the property.
Each title company drafts its own affidavit, so the exact questions vary, but the purpose is constant: put the seller on record, under oath, about anything that could undermine the title. The statement is not just paperwork; a false affidavit is a sworn falsehood with real legal weight.
How It Relates to Title Insurance
The affidavit of title and the title insurance policy work together. The title search builds the picture from public records; the affidavit captures what only the seller knows. If the seller knows of an unrecorded agreement or an unpaid contractor, the affidavit is where it should surface. The title insurer relies on the affidavit when deciding what to insure and how.
If a problem is later discovered that the seller swore did not exist, the misrepresentation can give the title insurer grounds to deny a claim and gives the buyer legal recourse against the seller. That is why the affidavit is signed under oath and why sellers should read it carefully instead of signing a pre-printed form without review.
What Sellers Should Check
Sellers should review the affidavit as carefully as any other closing document. Confirm your name and the property description are correct, and be sure the statement is true as of signing. If you have an open home equity line, a pending divorce, a contractor dispute, or a relative with a claim on the property, the affidavit should reflect it, and the title company will help list it correctly so it can be resolved.
Signing an inaccurate affidavit is done in good faith by most sellers, who simply do not recall every document they signed years ago. A recent mortgage payoff, an old line of credit, a utility easement, these are the details to verify. The title company's payoff list and your own memory together make the affidavit accurate.
Buyer's Perspective
Buyers rarely sign an affidavit of title, but they should know it exists and what it promises. The buyer's protection is the combination of the title search, the affidavit, and the title insurance policy. If the buyer sees a checkmark to sign near the end of the closing stack, it may be the buyer's own affidavit, an acknowledgment that they have received the deed and title documents, which is a different document from the seller's affidavit.
Ask your settlement agent to walk through the seller's affidavit if you are curious. In a normal sale it confirms the clean title you expect. In a complicated sale, a probate or an estate transfer, the affidavit plus the estate documents is how the title gets put back together. See how the title commitment previews all of this before closing day.
Key Takeaways on the Affidavit of Title
The affidavit of title is the seller's sworn word on the state of the title. Give it the attention it deserves.
- Confirm ownership: the seller swears to sole ownership and no undisclosed co-owners
- Disclose everything: liens, judgments, bankruptcies, and divorce matters belong on the form
- Sign it close to closing: it is a snapshot of the seller's knowledge on the closing date
- It feeds the insurance: the title insurer relies on the affidavit when issuing your policy
- A false statement is serious: an inaccurate affidavit can void coverage and create recourse
Review the affidavit against the payoff list and your own records before signing, because accuracy is the whole point.
Smarty's Advice Expert Insight
John Smart (Smarty) · Smarty Home Solutions / eXp Realty Agent, AI Certified Agent
Treat the affidavit of title as a solemn document, not a formality. Sellers: read it, make sure it is true, and list anything unusual before signing. Buyers: know that this sworn statement, plus the search and the policy, is what makes your title clean.
John Smart, AI-Certified Agent with eXp Realty reviews closing documents, including the affidavit of title, with sellers across the Philadelphia region so nothing false or forgotten slips through. Call 215-598-6848 or schedule a free consultation. No obligation, just straight answers.