Get Texas residential property affidavit T-47 Form

Get Texas residential property affidavit T-47 Form

The Texas residential property affidavit T-47 form is a crucial document used in real estate transactions to confirm the ownership and condition of a property. It serves as an affidavit that helps protect buyers and lenders by providing essential information about the property’s status. Understanding this form is vital for anyone involved in Texas real estate; start the process by filling out the form below.

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Structure

The Texas residential property affidavit T-47 form plays a crucial role in real estate transactions, particularly in the context of residential properties. This form serves as a declaration by the property owner regarding the status of the property, specifically addressing any changes in ownership or improvements made since the last recorded deed. It provides essential information to title companies and lenders, ensuring that all parties involved have a clear understanding of the property's history and current standing. By affirming the absence of any outstanding liens or encumbrances, the T-47 form helps facilitate a smoother closing process. It is important for homeowners to accurately complete this affidavit, as any discrepancies may lead to complications or delays in the transaction. Understanding the significance of this form can empower property owners and buyers alike, fostering a more transparent and efficient real estate experience in Texas.

Texas residential property affidavit T-47 Preview

 

 

 

 

 

 

T-47 RESIDENTIAL REAL PROPERTY AFFIDAVIT

Date:

 

 

 

GF No.

 

Name of Affiant(s):

 

 

 

 

 

 

 

Address of Affiant:

 

 

 

 

 

 

 

Description of Property:

 

 

 

 

 

 

County

 

 

 

 

, Texas

 

Date of Survey: __________________________________

"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 duly sworn, stated:

 

 

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

2.I am familiar with the property and the improvements located on the Property.

3.I am 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. I understand that the Title Company may make exceptions to the coverage of the title insurance as Title Company may deem appropriate. I 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 my actual knowledge and belief, since Date of the Survey, there have been no:

a.construction projects such as new structures, additional buildings, rooms, garages, swimming pools, deckings, 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 construction occurred on or near the boundary of 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.I 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.

Form T-47

Sec. V

Effective November 1, 2024

6.I understand that I have no liability to Title Company should the information in this Affidavit be incorrect other than information that I personally know to be incorrect and which I do not disclose to the Title Company.

I declare under penalty of perjury that theforegoing is true and correct.

Signed:

__________________________________________

Affiant

I declare under penalty of perjury that theforegoing is true and correct.

Signed:

_________________________________________

Affiant

SWORN AND SUBSCRIBED thisday of, 20 .

________________________________________

Notary Public

Form T-47

Sec. V

Effective November 1, 2024

Document Data

Fact Name Details
Purpose The T-47 form serves to confirm the ownership of a residential property and the absence of any encumbrances.
Governing Law The form is governed by Texas Property Code, particularly Section 12.001.
Filing Requirement It is typically required by lenders during the mortgage process to verify property details.
Signatory The affidavit must be signed by the property owner or their authorized representative.
Notarization The T-47 form requires notarization to be considered valid.
Time Sensitivity It is important to complete the form within a specific timeframe to ensure accuracy in property records.
Usage Frequency This form is commonly used in residential real estate transactions across Texas.
Legal Implications Providing false information on the T-47 form can lead to legal consequences, including fraud charges.

How to Use Texas residential property affidavit T-47

Completing the Texas residential property affidavit T-47 form is essential for ensuring accurate property records. This process requires attention to detail, as the information provided will be used for official purposes. Follow the steps below to fill out the form correctly.

  1. Begin by obtaining a blank T-47 form from the Texas Secretary of State website or your local county clerk's office.
  2. Fill in the property owner's name at the top of the form. Ensure the name matches the official property records.
  3. Enter the property address including the street number, street name, city, state, and zip code.
  4. Provide the legal description of the property. This information can typically be found on the property deed or tax records.
  5. Indicate the date of the affidavit in the designated section. Use the format MM/DD/YYYY.
  6. Sign the form in the signature line. The signature must be that of the property owner or an authorized representative.
  7. Have the form witnessed or notarized, if required. Check local requirements for specifics.
  8. Make copies of the completed form for your records before submitting it.
  9. Submit the original T-47 form to the appropriate county office for recording.

Key Facts about Texas residential property affidavit T-47

What is the Texas residential property affidavit T-47 form?

The Texas residential property affidavit T-47 form is a document used in real estate transactions. It serves to confirm certain facts about a property, particularly regarding its ownership and any improvements made to it. This form is often required by lenders during the refinancing process or when a property is sold. By completing the T-47, the property owner affirms that the information provided is accurate and true, which helps to facilitate a smooth transaction.

Who needs to complete the T-47 form?

The T-47 form must be completed by the property owner or the seller of the property. This includes individuals or entities who hold legal title to the property. If the property is being sold or refinanced, the owner must provide this affidavit to assure the lender or buyer that there are no undisclosed issues affecting the property. It is essential for ensuring transparency in real estate transactions.

What information is required on the T-47 form?

The T-47 form requires specific information about the property. This includes the legal description of the property, the name of the current owner, and details about any improvements made to the property. Additionally, the form asks the owner to affirm that there are no outstanding liens or claims against the property. Accurate and complete information is crucial, as any discrepancies could lead to complications in the transaction.

How is the T-47 form submitted?

The completed T-47 form is typically submitted to the title company or lender involved in the transaction. It may be required as part of a larger set of documents during the closing process. Depending on the specific requirements of the lender or title company, the form can often be submitted electronically or in hard copy. Ensure that all signatures are properly executed to avoid delays.

What happens if the T-47 form is not completed?

If the T-47 form is not completed, it can result in significant delays in the closing process. Lenders may refuse to proceed with a loan or refinance without the affidavit, as it provides essential information about the property. Furthermore, failure to submit the form could raise red flags about the property’s ownership or condition, potentially jeopardizing the transaction. It is advisable to complete and submit the T-47 form promptly to avoid any complications.

Common mistakes

Filling out the Texas residential property affidavit T-47 form can seem straightforward, but many people make common mistakes that can lead to delays or complications in the property transaction process. Understanding these pitfalls can help ensure that the form is completed accurately and efficiently.

One frequent mistake is failing to provide accurate property descriptions. The T-47 form requires specific details about the property, such as its legal description. Omitting this information or providing incorrect details can create confusion and may lead to issues with title insurance. Always double-check the property description against official documents.

Another common error involves the signature section. Some individuals forget to sign the affidavit or fail to have the necessary witnesses present when signing. This oversight can render the document invalid. Ensure that all required signatures are included and that the signing process adheres to the stipulations outlined in the form.

People often overlook the importance of the date. Failing to date the affidavit can lead to questions about when the information was provided. This detail is crucial for establishing the timeline of the transaction. Always include the date when filling out the form to avoid potential misunderstandings.

Additionally, not providing complete contact information is a mistake that can complicate matters. The T-47 form requires the affiant's contact details, including an address and phone number. This information is essential for any follow-up communication or clarification needed by the title company or other parties involved.

Some individuals may also misinterpret the purpose of the T-47 form. It serves as a declaration regarding the property’s status and any changes made to it. Misunderstanding its intent can lead to incomplete or inaccurate information being provided. Take the time to read the instructions carefully to ensure a clear understanding of what is required.

Lastly, neglecting to keep a copy of the completed form is a mistake that can have repercussions later. After submitting the T-47, it’s wise to retain a copy for personal records. This practice can help in case any questions arise about the affidavit in the future, providing a reference point for all parties involved.

Documents used along the form

The Texas residential property affidavit T-47 form is an important document used in real estate transactions, particularly in residential property dealings. When engaging in such transactions, several other forms and documents often accompany the T-47 to ensure clarity, legality, and protection for all parties involved. Below is a list of commonly used documents that you may encounter alongside the T-47.

  • Property Deed: This legal document transfers ownership of the property from one party to another. It includes details such as the property description and the names of the buyer and seller.
  • Title Commitment: Issued by a title company, this document outlines the terms under which a title insurance policy will be issued. It includes information about any liens or encumbrances on the property.
  • Seller's Disclosure Notice: This form requires the seller to disclose known issues with the property, such as structural problems or pest infestations, ensuring transparency in the transaction.
  • Purchase Agreement: A contract between the buyer and seller that outlines the terms of the sale, including the purchase price, financing details, and contingencies.
  • Loan Application: If the buyer is financing the purchase, this document provides the lender with the necessary information to assess the buyer's creditworthiness and loan eligibility.
  • Closing Statement: This document summarizes the financial aspects of the transaction, including closing costs, prorated taxes, and any adjustments made between the buyer and seller.
  • Affidavit of Heirship: In cases where the property is inherited, this affidavit establishes the rightful heirs and their interest in the property, helping to clarify ownership issues.

Understanding these documents is essential for anyone involved in a real estate transaction in Texas. Each plays a unique role in protecting the interests of buyers, sellers, and lenders, ensuring a smooth and legally compliant process. Familiarity with these forms can help streamline the transaction and reduce potential misunderstandings.

Similar forms

The Texas residential property affidavit T-47 form serves a specific purpose in real estate transactions. However, several other documents share similarities in function or intent. Here are five such documents:

  • Affidavit of Title: This document verifies ownership and confirms that the seller has the right to sell the property. Like the T-47, it aims to provide assurance to the buyer about the title's status.
  • Property Disclosure Statement: This statement outlines any known issues with the property. Similar to the T-47, it helps buyers make informed decisions based on the seller's disclosures.
  • Warranty Deed: A warranty deed transfers ownership and guarantees that the property is free of liens or claims. It parallels the T-47 in ensuring the buyer's protection against title defects.
  • Quitclaim Deed: This document transfers whatever interest the grantor has in the property without guarantees. While it differs in terms of protection, it is similar in that it involves the transfer of property rights.
  • Title Insurance Policy: This policy protects against financial loss from defects in the title. Like the T-47, it provides a level of security for the buyer regarding ownership rights.

Dos and Don'ts

When filling out the Texas residential property affidavit T-47 form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do:

  • Do read the instructions carefully before starting the form.
  • Do provide accurate and complete information.
  • Do sign and date the affidavit where indicated.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank.
  • Don't use white-out or correction fluid on the form.
  • Don't submit the form without verifying all information is correct.
  • Don't forget to check for any additional documents that may need to accompany the affidavit.

Misconceptions

The Texas residential property affidavit T-47 form is often misunderstood. Here are seven common misconceptions about this form:

  • It is only for sellers. Many believe that only sellers need to complete the T-47 form. However, buyers may also need it to confirm property details.
  • It guarantees clear title. Some think that filing a T-47 guarantees a clear title. In reality, it serves as a declaration of property boundaries but does not ensure there are no liens or other issues.
  • It replaces a survey. There is a misconception that the T-47 can replace a property survey. The form does not provide the same level of detail as a survey, which is often necessary for accurate boundary identification.
  • It is optional. Many people assume that the T-47 form is optional. In some transactions, especially those involving lenders, it may be required to facilitate the closing process.
  • It only applies to residential properties. Some think the T-47 is limited to residential properties. While it is commonly used for residential transactions, it can also apply to certain types of commercial properties.
  • It is a simple form that requires no thought. There is a belief that the T-47 is straightforward and requires little attention. In fact, it is important to provide accurate information to avoid potential disputes later.
  • Filing the T-47 is the last step in the process. Some individuals think that once the T-47 is filed, the process is complete. However, it is just one part of the overall transaction and should be considered alongside other important documents.

Understanding these misconceptions can help individuals navigate the property transaction process more effectively.

Key takeaways

Filling out the Texas residential property affidavit T-47 form requires attention to detail and an understanding of its purpose. Here are some key takeaways:

  • The T-47 form is used to confirm ownership of a property and the absence of any liens or claims against it.
  • It must be completed by the property owner or an authorized representative.
  • Accurate information is crucial; any inaccuracies can lead to legal complications.
  • The form must be notarized to ensure its validity.
  • Submit the completed form to the title company handling the property transaction.
  • Filing the T-47 can expedite the closing process for real estate transactions.
  • Be aware of deadlines; the form should be submitted in a timely manner to avoid delays.
  • Keep a copy of the completed form for your records after submission.