TITLE AFFIDAVIT

(REFINANCE)

STATE OF _______________,

CITY/COUNTY OF ________________, to-wit:

BEFORE ME, the undersigned authority, personally appeared _______________________________(Affiant), who after having been duly sworn according to law, deposed and stated as follows:

1.  Affiant is the fee simple owner of the following described property and and will execute a mortgage to _____________________________________ encumbering the following described real property (the “Property”) located in the City of ______________.

Property description: ___________________________________________ located at ___________________________________.

2.  Affiant has been in full, continuous, open, exclusive, peaceable and undisputed possession of the Property since the time of vesting of title to said property in Affiant, there are no parties who have any interest or right to claim an interest in the Property other than the Affiant, and there are no facts known to Affiant which could give rise to a claim being asserted against said Property.

3.  Other than as shown in item 1 above, Affiant has not entered into any agreement, contract, commitment, or option for the sale, lease or mortgage of the Property, or any agreement, contract, commitment, or option which might otherwise affect said property.

4.  There are no taxes, lien or assessments which are due or about to become due or which have attached or could attach to said property.

5.  Affiant is over the age of 18 years, under no legal disability, has never been known by any name other than as shown above, and is not a nonresident alien, and withholding of United States income taxes pursuant to Section 1445 of the Internal Revenue Code is not required upon this disposition of real estate.

6. If title to said property is held by a corporation, partnership, trust, or limited liability company, such corporation, partnership, trust, or limited liability company is in good standing under applicable laws and the contemplated sale or mortgage of the Property by said entity is pursuant to proper authority.

7.  There are no actions or proceedings now pending in any state or federal court to which Affiant is a party, which could be used as a basis for a lien or other claim on the Property and the buildings and improvements thereon, including, but not limited to, proceedings in bankruptcy or insolvency.

8.  The Property is free and clear of all liens and claims of every kind, nature and character, except as disclosed on the settlement statement executed in connection with this transaction. There are no outstanding unrecorded deeds, mortgages, encumbrances, liens, or other conveyances of the Property executed by the undersigned, and there are no pending disputes with adjoining owners as to the boundary lines of said Property nor unrecorded easements or claims of easements affecting said Property.

9.  There have been no improvements, repairs, additions or alterations performed upon the property within the past one hundred twenty-three (123) days, for which agreed upon price or reasonable value thereof has not been paid. Affiant has not entered into any agreement or contract with any party for the furnishing of any labor, services or materials in connection with any improvements, repairs, additions or alterations within the referenced time period, and there are no parties who have any claim or right to a lien for services, labor or materials in connection with any improvements, repairs, additions, or alterations to said property.

10.  This affidavit is made for the purpose of inducing _________________________, closing attorney, to close the refinance of the property and to induce Southern Title Insurance Corporation to issue a policy of title insurance. Affiant understands that the information contained herein may be disclosed to the Internal Revenue Service, and any false statement herein made could be punished by fine, imprisonment or both.

Subscribed and sworn to before me this _______ day of  ___________________, 20 ___, by _________________________________.

____________________________________

Notary

My commission expires: _________________________