Homepage Fillable Texas residential property affidavit T-47 Template

File Details

Fact Name Description
Purpose The Texas Residential Property Affidavit T-47 is used to verify the status of property ownership and to disclose any liens or encumbrances on the property.
Governing Law This form is governed by Texas Property Code, specifically Chapter 12, which pertains to the conveyance of real property.
Usage Requirement The T-47 form is typically required by title companies during the closing process of a residential real estate transaction.
Signatories Both the seller and any co-owners must sign the affidavit to ensure all parties are in agreement regarding the property’s status.
Filing The completed T-47 form is usually submitted to the title company, which will then include it in the closing documents.
Validity The information provided in the T-47 form is valid for a limited time, generally until the closing date, to ensure accuracy in the transaction.

Sample - Texas residential property affidavit T-47 Form

T-47 RESIDENTIAL REAL PROPERTY AFFIDAVIT

(MAY BE MODIFIED AS APPROPRIATE FOR COMMERCIAL TRANSACTIONS)

Date:___________________________________ GF No.___________________________________

Name of Affiant(s):__________________________________________________________________

Address of Affiant:___________________________________________________________________

Description of Property:_______________________________________________________________

County__________________________________ , Texas

"Title Company" as used herein is the Title Insurance Company whose policy of title insurance is issued in reliance upon the statements contained herein.

Before me, the undersigned notary for the State of ________________, personally appeared Affiant(s) who after by

me being sworn, stated:

1.We are the owners of the Property. (Or state other basis for knowledge by Affiant(s) of the Property, such as lease, management, neighbor, etc. For example, “Affiant is the manager of the Property for the record title owners.”)

2.We are familiar with the property and the improvements located on the Property.

3.We are closing a transaction requiring title insurance and the proposed insured owner or lender has requested area and boundary coverage in the title insurance policy(ies) to be issued in this transaction. We understand that the Title Company may make exceptions to the coverage of the title insurance as Title Company may deem appropriate. We understand that the owner of the property, if the current transaction is a sale, may request a similar amendment to the area and boundary coverage in the Owner’s Policy of Title Insurance upon payment of the promulgated premium.

4.To the best of our actual knowledge and belief, since _______________________________ there have been no:

a.construction projects such as new structures, additional buildings, rooms, garages, swimming pools or other permanent improvements or fixtures;

b.changes in the location of boundary fences or boundary walls;

c.construction projects on immediately adjoining property(ies) which encroach on the Property;

d.conveyances, replattings, easement grants and/or easement dedications (such as a utility line) by any party affecting the Property.

EXCEPT for the following (If None, Insert “None” Below:)

5.We understand that Title Company is relying on the truthfulness of the statements made in this affidavit to provide the area and boundary coverage and upon the evidence of the existing real property survey of the Property. This Affidavit is not made for the benefit of any other parties and this Affidavit does not constitute a warranty or guarantee of the location of improvements.

6.We understand that we have no liability to Title Company that will issue the policy(ies) should the

information in this Affidavit be incorrect other than information that we personally know to be incorrect and which we do not disclose to the Title Company.

_________________________________________

_________________________________________

SWORN AND SUBSCRIBED this ______ day of __________________, 20_______.

_______________________________________

Notary Public

Common mistakes

Filling out the Texas residential property affidavit T-47 form can be a straightforward process, but there are common mistakes that individuals often make. One frequent error is failing to provide complete and accurate information. This form requires specific details about the property and the parties involved. Omitting information or entering incorrect details can lead to delays or complications in the property transfer process.

Another common mistake is not signing the affidavit in the appropriate places. The T-47 form requires signatures from all parties involved in the transaction. If someone forgets to sign or signs in the wrong area, it may invalidate the document. Ensuring that every necessary signature is present is crucial for the form to be legally binding.

People also sometimes overlook the requirement for notarization. The T-47 form must be notarized to confirm the identities of the signers and to validate the document. Failing to have the affidavit notarized can render it ineffective. It is important to ensure that a qualified notary public witnesses the signing of the form.

Lastly, individuals may neglect to review the form before submission. It is easy to miss minor errors or inconsistencies that could cause problems later. Taking the time to carefully check the completed form can help avoid issues that might arise during the property transfer process. By being thorough and attentive, individuals can ensure that their affidavit is completed correctly.