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Affidavit (Refinance) Form. This is a Ohio form and can be use in Real Property Transactions Statewide.
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Tags: Affidavit (Refinance), Ohio Statewide, Real Property Transactions
AFFIDAVIT
State of
County of
,
, ss:
The undersigned Owner(s), whether one or more than one, being first duly sworn jointly and severally, if more than one
deposes and makes the following statements for the express purpose of inducing Lender to refinance the following described
property (“the Premises”), and any title insurance company to issue policies of insurance:
Also known as:
1. All taxes, assessments or other charges now a lien against the Premises are shown on the Treasurer’s duplicate, and no
improvements (site or area) have been installed by public authority, the costs of which may be assessed against the Premises.
Owner has not been notified within the period of two years immediately preceding the date hereof of contemplated
improvements (site or area) to the Premises by public authority, the costs of which are to be assessed against the Premises in
the future nor has Owner any notice of condemnation or other exercise of the power of eminent domain. Owner represents
that all bills for water and sewer charges issued prior to the date hereof for water and sewer services to the Premises have
been fully paid.
2. No unpaid-for improvements have been made, or materials, machinery or fuel delivered to or labor performed on the
Premises within ninety days immediately preceding the date hereof which might form the basis of a mechanic’s lien against
the Premises, except ___________________________________________________________________________________
__________________________________________________________________________, (NONE, if nothing inserted),
nor has Owner received a copy of an affidavit of mechanic’s lien which may be filed against the Premises.
3. Owner has no knowledge of an encumbrance(s) on title to the Premises other than those set forth in the evidence of title
provided to Lender, nor does Owner have any knowledge of off-record or undisclosed legal or equitable interests in the
Premises owned or claimed by an other person or entity, except the rights of tenants, if any, which have been fully disclosed
to Lender and to any title insurance company issuing title insurance in reliance thereon.
4. To Owner’s best knowledge, the Premises has been previously surveyed at time of purchase and/or earlier refinance
transaction(s), and it is Owner’s belief that any and all improvements on the Premises are located within the boundary lines
of the Premises and all utility service lines serving the Premises are located either within the boundary lines of the Premises
or within lands dedicated to public use or within recorded easements for the same. Further, Owner is not aware of any
encroachment(s) by said improvements into any existing easement or building setback areas.
5. With respect to improvements located on the Premises, Owner has no knowledge of hidden structural defects or noncomplied with orders or notices of civil authority concerning health, building or fire code violations, and to the extent that
Owner has made any structural or non-structural alteration or modifications to the improvements located on the Premises.
Owner has to Owner’s knowledge obtained all necessary building permits and variance for the same.
6. Owner is not now under any legal disability which would impede or void any of Owners’ contractual obligations nor is
Owner a debtor in any proceeding under the bankruptcy laws of the United States. All former spouses of Owner , if any,
are deceased and/or all prior marriages, if any have been legally terminated. If Owner is a partnership or corporation, its
officials consummating this transaction are properly authorized to do so, and the partnership or corporation and the
undersigned, shall be bound by this affidavit.
7. That there are no court proceedings or disputes with any parties concerning the boundary lines of said premises; that there
are no encroachments upon said premises from adjacent properties nor encroachments of any improvement located on
subject real estate upon adjoining land, except: ______________________________________________________________
8. That there are no unsatisfied or unreleased judgments or liens of record nor decrees of divorce, incompetency or
bankruptcy nor court proceedings of any kind which would affect the title to said real estate, except: ___________________
____________________________________________________________________________________________________
________________________________________
________________________________________
Sworn to before me and subscribed in my presence this
day of
, 20
.
___________________________________________
Notary Public
WARNING:
In transactions involving property in excess of $300,000.00 or property that is not to be
used as a residence by Buyer, a separate affidavit should be executed in accordance with
Internal Revenue Code 1445 and the Regulations promulgated thereunder (FIRPTA).
File Number:
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