Official Texas residential property affidavit T-47 Template in PDF Open Texas residential property affidavit T-47 Editor

Official Texas residential property affidavit T-47 Template in PDF

The Texas residential property affidavit T-47 form is a document used to affirm the ownership and condition of a residential property. This form serves as a crucial tool for buyers and sellers in real estate transactions, ensuring transparency and clarity regarding property details. Understanding its purpose and implications can help streamline the buying or selling process.

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Key takeaways

When dealing with the Texas residential property affidavit T-47 form, understanding its purpose and proper usage is essential for both buyers and sellers. Here are some key takeaways to keep in mind:

  • Purpose of the T-47 Form: The T-47 form serves as a sworn statement regarding the property’s boundaries and improvements. It is often used in conjunction with title insurance to confirm that the property has not changed significantly since the last survey.
  • Filling Out the Form: Accuracy is crucial when completing the T-47. Ensure that all information, including property descriptions and any existing easements, is correct. Mistakes can lead to complications during the closing process.
  • Signature Requirements: The form must be signed by the property owner. If the property is owned by multiple parties, all owners must sign. This ensures that everyone is in agreement regarding the property’s status.
  • Submitting the Form: After filling out and signing the T-47 form, it should be submitted to the title company or lender as part of the closing documents. Timely submission can help avoid delays in the transaction.

Documents used along the form

The Texas residential property affidavit T-47 form is an important document in real estate transactions, particularly when it comes to the transfer of property ownership. Alongside this form, several other documents are often utilized to ensure a smooth and legally sound transaction. Below is a list of these forms, each serving a specific purpose in the process.

  • Deed of Trust: This document secures a loan by placing a lien on the property. It outlines the terms of the loan and the obligations of the borrower, ensuring that the lender has a legal claim to the property if the borrower defaults.
  • Title Commitment: Issued by a title company, this document outlines the terms under which the title insurance will be issued. It includes information about the property’s ownership history and any liens or encumbrances that may affect the title.
  • Seller's Disclosure Notice: This form requires the seller to disclose any known issues with the property, such as structural problems or pest infestations. It protects buyers by ensuring they are aware of potential problems before finalizing the purchase.
  • Power of Attorney: This legal document is crucial when someone needs to authorize another individual to act on their behalf, particularly in complex transactions. For a template, visit documentonline.org/blank-power-of-attorney.
  • Closing Statement: Also known as a HUD-1 statement, this document details all the financial aspects of the transaction. It includes the purchase price, closing costs, and any adjustments that have been made, providing transparency for both the buyer and seller.
  • Warranty Deed: This document transfers ownership of the property from the seller to the buyer. It guarantees that the seller holds clear title to the property and promises that no other claims will be made against it.

Understanding these documents can significantly enhance one's grasp of the real estate transaction process in Texas. Each form plays a crucial role in protecting the interests of the parties involved and ensuring that the transfer of property is conducted fairly and legally.

Similar forms

  • Title Insurance Commitment: Similar to the T-47 form, a title insurance commitment outlines the conditions under which a title insurance policy will be issued. Both documents help clarify ownership and any potential claims against the property.
  • Property Deed: A property deed serves as the legal document that transfers ownership of real estate. Like the T-47, it provides essential details about the property and the parties involved in the transaction.
  • Survey Report: A survey report details the boundaries and dimensions of a property. It is similar to the T-47 in that it provides critical information about the property’s physical characteristics and any encroachments or easements.
  • Closing Disclosure: The closing disclosure outlines the final terms and costs associated with a real estate transaction. This document is akin to the T-47 form as both are essential for understanding the financial aspects of property ownership.
  • Prenuptial Agreement: A prenuptial agreement outlines asset management during marriage and in cases of divorce, protecting financial interests. Couples can find essential templates like All California Forms to help them establish clear expectations.
  • Affidavit of Heirship: An affidavit of heirship establishes the heirs of a deceased property owner. Like the T-47, it serves to clarify ownership and can help prevent disputes regarding property rights.

Document Data

Fact Name Details
Purpose The T-47 form is used to provide a sworn statement regarding the property and its boundaries.
Governing Law This form is governed by Texas Property Code § 12.001.
Who Uses It Homeowners, sellers, and lenders often use the T-47 form during real estate transactions.
Affidavit Requirement It serves as an affidavit that confirms the accuracy of property information provided.
Boundary Description The form includes a description of the property boundaries and improvements.
Signature Requirement The form must be signed in front of a notary public to be valid.
Submission Timing It is typically submitted during the closing process of a real estate transaction.
Impact on Title Insurance Title insurance companies may require the T-47 to assess risks associated with the property.
Legal Implications Providing false information on the T-47 can lead to legal consequences.
Format The T-47 form is a standardized document that must be filled out accurately.

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Common mistakes

  1. Missing Signatures: One common mistake is forgetting to sign the affidavit. All parties involved must provide their signatures to validate the document.

  2. Incorrect Property Description: Failing to accurately describe the property can lead to confusion. Ensure that the legal description matches what is recorded with the county.

  3. Omitting Required Information: Some individuals overlook filling in all necessary fields. Double-check the form for completeness before submission.

  4. Using Outdated Forms: Using an old version of the T-47 form can cause issues. Always download the most current version from a reliable source.

  5. Not Notarizing the Document: The T-47 form typically requires notarization. Skipping this step can render the affidavit invalid.

  6. Incorrectly Identifying the Affiant: Make sure the person signing the affidavit is the correct individual. Misidentifying the affiant can lead to legal complications.

  7. Failing to Review for Errors: Rushing through the form often results in typos or inaccuracies. Take the time to review the completed document carefully.

  8. Not Keeping Copies: After submitting the affidavit, it’s important to keep a copy for your records. This ensures you have documentation of what was submitted.

  9. Ignoring Submission Guidelines: Each county may have specific submission requirements. Be sure to follow the guidelines for your local jurisdiction.

Preview - 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