Texas residential property affidavit T-47 Template Modify Form

Texas residential property affidavit T-47 Template

The Texas residential property affidavit T-47 form is a document used to confirm ownership and details about a residential property. This form serves as a vital tool for property owners, ensuring that important information is accurately recorded and verified. Understanding its purpose can simplify the process of property transactions.

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The Texas residential property affidavit T-47 form plays a crucial role in real estate transactions within the state. This document is primarily used to confirm the ownership and condition of a property, serving as a declaration by the seller regarding any changes that may have occurred since the last title examination. It includes important details such as the property’s current status, any improvements made, and the absence of certain encumbrances. Buyers and lenders rely on this affidavit to ensure transparency and protect their interests during the purchase process. Completing the T-47 form accurately is essential, as it helps facilitate a smooth closing and minimizes the risk of future disputes. Understanding its components and implications is vital for anyone involved in Texas real estate transactions.

Instructions on How to Fill Out Texas residential property affidavit T-47

Filling out the Texas residential property affidavit T-47 form is a straightforward process. This form is essential for property owners to affirm certain details about their property. Once completed, it will need to be submitted to the appropriate county office for recording.

  1. Obtain the T-47 form from a reliable source, such as the Texas Real Estate Commission or your local county clerk's office.
  2. Begin by entering the date at the top of the form. Make sure it is accurate.
  3. Provide your name and address in the designated sections. This should be your current legal name and address.
  4. Identify the property by entering its legal description. This can usually be found on your property deed or tax statement.
  5. Fill in the details regarding the type of property, whether it is residential, commercial, or otherwise.
  6. Indicate any improvements made to the property, if applicable. Be specific about what has been added or changed.
  7. Sign and date the affidavit at the bottom of the form. Ensure that your signature matches the name provided earlier.
  8. Have the affidavit notarized. This step is crucial for the document's validity.
  9. Make copies of the completed form for your records before submitting it.
  10. Submit the original notarized form to your local county clerk’s office for recording.

Key takeaways

Here are some key takeaways about filling out and using the Texas residential property affidavit T-47 form:

  1. The T-47 form is used to confirm the ownership and description of a residential property.
  2. This form is typically required when applying for a title insurance policy.
  3. Make sure to provide accurate and complete information to avoid delays.
  4. Both the property owner and the title company must sign the form.
  5. Include the legal description of the property as it appears on the deed.
  6. The affidavit should be notarized to ensure its validity.
  7. It is important to keep a copy of the completed form for your records.
  8. Check for any additional requirements from your title company regarding the T-47 form.
  9. Filing the T-47 form can help clarify any discrepancies related to property boundaries.
  10. Submit the form promptly to facilitate a smooth closing process.

Documents used along the form

The Texas residential property affidavit T-47 form is a critical document used in real estate transactions, particularly for clarifying the ownership and condition of the property. Alongside this form, several other documents are commonly utilized to ensure a smooth transfer of property ownership and to provide necessary disclosures. Below is a list of these documents, each serving a specific purpose in the transaction process.

  • Property Deed: This legal document transfers ownership of the property from the seller to the buyer. It includes details such as the legal description of the property and the names of the parties involved.
  • Title Insurance Policy: This policy protects the buyer and lender against any claims or disputes regarding the property title. It ensures that the title is clear and free of any liens or encumbrances.
  • Seller's Disclosure Notice: This document outlines any known issues or defects with the property. Sellers are required to disclose material facts that could affect the buyer's decision.
  • Closing Disclosure: This form provides a detailed account of all the costs associated with the closing of the transaction. It includes loan terms, monthly payments, and closing costs, ensuring transparency for the buyer.
  • Mortgage Agreement: If the buyer is financing the purchase, this document outlines the terms of the loan, including the interest rate, repayment schedule, and any penalties for late payments.
  • Affidavit of Heirship: In cases where the property is inherited, this document establishes the heirs' rights to the property, especially when there is no formal will in place.
  • Home Inspection Report: Conducted by a professional inspector, this report assesses the condition of the property, identifying any potential issues that may need to be addressed before the sale is finalized.

Each of these documents plays a vital role in the real estate transaction process in Texas. Together with the T-47 form, they help ensure that all parties are informed and protected throughout the buying and selling of residential property.

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

Dos and Don'ts

When filling out the Texas residential property affidavit T-47 form, it's important to follow certain guidelines to ensure accuracy and compliance. Here’s a helpful list of things to do and avoid:

  • Do read the instructions carefully before starting.
  • Do provide accurate information about the property.
  • Do sign and date the form where required.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank unless instructed.
  • Don't use white-out to correct mistakes; instead, cross out errors and initial them.
  • Don't submit the form without reviewing it for accuracy.
  • Don't forget to check if additional documentation is required.