STEWART TITLE GUARANTY COMPANY
TITLE AFFIDAVIT
The undersigned, being the owner(s) of Property located in the Town of and State of Connecticut and known as ______________________ (“Property”), or a person duly authorized to act for the owner, being duly sworn, hereby depose(s) and says:
I. MECHANICS' LIENS:
Within the last ninety (90) days, no person or entity has furnished any labor, services or materials in connection with the construction or repair of any buildings or improvements or site work on the Property, and no work remains to be performed under any existing contracts. [If this statement is not true, please strike this section. Lien waivers must be provided or the mechanic’s exception cannot be deleted from Schedule B without the Company’s approval.]
II. TENANTS:
There are no tenants or parties in possession of the Property. [If there are such parties, please strike this section and list the tenants/parties on the back of this page and identify the portion of the Property in possession. The corresponding Schedule B exception for tenants/parties in possession cannot be deleted without Company approval. The general exception may be deleted if a specific exception for the parties listed is taken in Schedule B.]
III. SURVEY MATTERS:
a) Update for survey coverage for owner’s policy: I/We have examined a survey entitled _____________________, a copy of which has been provided to the company and it accurately reflects to the best of my/our knowledge the current location of all buildings/improvements on the Property.
b) Update for survey coverage for mortgagee and enhanced coverage owner’s policy for residential property only: The undersigned have been in actual possession of the Property since ________________. To the best of my/our knowledge, (i) there are no disputes or disagreements as to the location of any of the boundary lines for the Property; (ii) there are no encroachments of buildings, fences, walls, or other improvements onto an adjoining Property and there are no such encroachments from any adjoining parcel onto the Property; (iii) there are no claims of any rights of way or easements over/across the Property not shown by the Public Records and the undersigned has not permitted any third party to use all or any portion of the Property; (iv) there are no roads, paths, wires , or pipes crossing the Property; (v) there are no shared driveways, wells or other facilities located on the Property and the undersigned does not make use of any shared driveways, wells, or other facilities located on other Property; (vi) there are no streams, rivers, lakes, ponds or other watercourses located on or crossing the Property and the Property does not abut any of the same; and, (vii) there have been no improvements/additions to the existing buildings on the Property without obtaining a building permit and Certificate of Occupancy (if applicable). Note: If (vii) item is stricken, Expanded Owner’s Policy cannot be issued without and exception in Schedule B; the Company should be contacted for approval.
IV. CIOA COMMUNITY/CONDOMINIUM/PLANNED DEVELOPMENT:
a) All common expense charges and current assessments, including special assessments against the Property have been paid.
b) There is no right of first refusal or other restriction concerning the sale/transfer of the Property which has not been effectively waived by the association/holder of the right.
NOW, THEREFORE, it is agreed that in consideration of the Company’s issuance of its policy effective as of the date closing occurs without making exception therein of matters which may arise between the date of its commitment to issue its policy of title insurance and the date the documents creating the interest being insured have been filed for record, and which matters may constitute an encumbrance on or affect said title, the undersigned agrees to promptly defend, remove, bond or otherwise dispose of any encumbrance, lien, or objectionable matter of title which may arise or be filed, as the case may be, against the captioned premises during the period of time between the date of its commitment to issue its policy of title insurance and the date of recording of all closing instruments, and to hold harmless and indemnify the Company against all expenses, costs and attorney fees, which may arise out of the failure to so remove, bond or otherwise dispose of any said liens, encumbrances or objectionable matters. Further, the undersigned shall be liable for all expenses, costs and attorney fees which may be incurred in the enforcement of this agreement.
This Affidavit is made for the purpose of inducing Stewart Title Guaranty Company to issue its policy(ies) of title insurance. The undersigned acknowledges that Stewart Title Guaranty Company and all parties to the transaction will rely upon the truth and accuracy of the statements contained herein.
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Subscribed and sworn to before me this _______day of ______________________, 20____.
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Notary Public
My commission expires: ___________________________
Commissioner of the Superior Court
No guidelines are available for this form at this time.