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An affidavit of title is important when buying a home

On Behalf of | May 22, 2020 | Uncategorized

Buying a house is one of the biggest purchases most people will make in their lifetime. As a result, you undoubtedly want everything to go as smoothly as possible. It can certainly feel as if anything could go wrong at any moment that prevents you from closing on your New Jersey home, but as a buyer, you do have certain protections.

You likely signed a purchase agreement that contained various terms regarding the real estate transaction. You may have included stipulations as to when you could back out of the deal. This agreement protects you in many ways. Other documents can also work in your favor when buying a home, like the affidavit of title.

What is the affidavit of title?

When you purchase a home, the seller has certain obligations to you. One of those obligations is to provide a document that promises that he or she owns the property and that no liens or unpaid taxes associated with the property exist. The document can also ensure that he or she will not sell the property to someone else and that the seller is not going through bankruptcy at the time of the sale.

You may wonder why knowing this information is important. First, if a property has liens against it or a seller is going through bankruptcy, it means that a creditor could potentially attempt to claim the property to cover a debt. If this happens after your purchase, you could end up in a difficult situation. Fortunately, the affidavit of title protects you from liability in such an event.

How does it help?

In the event that someone does attempt to make a claim against the property after you purchase it, you can take the affidavit of title to court to show that the seller did not provide truthful information and that he or she should be held liable for the claim made against your property.

The title is an important part of owning property, and you certainly want to feel confident that you receive a clean title during your real estate deal. Fortunately, you can work with an experienced attorney who can ensure that you receive an affidavit of title and other necessary documents to protect you during and after the purchase of your new home. If you have any concerns about the documents associated with a real estate purchase, you can ask your attorney for more information.