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The Texas residential property affidavit T-47 form plays a crucial role in real estate transactions across the state. This form is primarily used by sellers to affirm the details of their property, including its current condition and any improvements made since the last transfer of ownership. By completing the T-47, sellers provide essential information that can help potential buyers make informed decisions. The affidavit serves to confirm that the property has not undergone any significant changes that would affect its value or legality. Additionally, it helps to clarify the boundaries of the property, ensuring that all parties involved have a clear understanding of what is being sold. This document is typically required by title companies during the closing process, making it an integral part of the home buying and selling experience in Texas.

How to Write Texas residential property affidavit T-47

Filling out the Texas residential property affidavit T-47 form is an important step in ensuring that your property records are accurate and up to date. Once completed, this form will need to be submitted to the appropriate county office for processing. Here’s a straightforward guide to help you through the process.

  1. Begin by downloading the T-47 form from the Texas Real Estate Commission website or obtaining a physical copy from your local county office.
  2. At the top of the form, enter the date you are filling out the affidavit.
  3. Provide the name of the person or entity that owns the property. This should match the name on the property deed.
  4. Next, include the property address. Make sure to write the complete address, including the city and zip code.
  5. Indicate the legal description of the property. This can usually be found on your property deed or tax records.
  6. In the designated area, state whether you are the owner of the property or if you are acting on behalf of the owner.
  7. Complete the section regarding any liens or encumbrances on the property. Be honest and thorough, as this information is crucial.
  8. After filling out all the required fields, review the form for any errors or missing information.
  9. Sign and date the form at the bottom. If you are completing this on behalf of someone else, include your relationship to the owner.
  10. Finally, submit the completed form to your local county office, either in person or by mail, depending on their submission guidelines.

Misconceptions

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

  1. It is only for homeowners.

    This form can also be used by sellers and buyers during real estate transactions. It helps clarify property boundaries and ownership details.

  2. It is the same as a title deed.

    The T-47 is not a title deed. It serves a different purpose by providing an affidavit about the property, while a title deed establishes ownership.

  3. It is optional for all transactions.

    In many cases, lenders require the T-47 form to ensure there are no discrepancies in property boundaries before approving a loan.

  4. It can be filled out by anyone.

    This form must be completed by the property owner or an authorized representative. Accuracy is crucial for legal purposes.

  5. It is only needed for residential properties.

    The T-47 can be used for various types of properties, not just residential. Commercial properties may also require this affidavit.

  6. Once submitted, it cannot be changed.

    While it’s important to provide accurate information, if errors are found, they can be corrected through an amended affidavit.

  7. It guarantees clear title.

    Submitting a T-47 does not guarantee a clear title. It is merely a statement about the property’s boundaries and ownership.

  8. It must be notarized.

    While notarization is often recommended, it is not a strict requirement for the T-47 form to be valid.

  9. It is only relevant in Texas.

    While the T-47 is specific to Texas, similar forms exist in other states. Each state has its own requirements for property affidavits.

Understanding these misconceptions can help ensure that property transactions proceed smoothly and legally. Always consult with a qualified professional if you have questions about the T-47 form or any related matters.

Texas residential property affidavit T-47 Example

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

Key takeaways

Here are some important points to remember when filling out and using the Texas residential property affidavit T-47 form:

  • The T-47 form is used to affirm that the property has not been altered since the last survey.
  • Make sure all information provided is accurate and up-to-date to avoid any potential issues.
  • Both the buyer and seller should sign the affidavit to confirm the details.
  • Keep a copy of the completed form for your records after submission.
  • This form is often required by lenders, so check with your lender to ensure it is needed for your transaction.

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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 to do and avoid during this process.

  • Do read the instructions carefully before starting.
  • Do provide accurate and complete information.
  • Do use clear and legible handwriting or type the information.
  • Do double-check all entries for errors before submission.
  • Do sign and date the form where required.
  • Don't leave any required fields blank.
  • Don't use abbreviations unless specified in the instructions.
  • Don't submit the form without reviewing it for completeness.
  • Don't forget to keep a copy of the completed form for your records.

Following these guidelines will help ensure that the affidavit is filled out correctly and processed without unnecessary delays.

Similar forms

The Texas residential property affidavit T-47 form is similar to the warranty deed. A warranty deed serves as a legal document that transfers property ownership from one party to another, guaranteeing that the seller holds clear title to the property. Like the T-47, a warranty deed provides assurances to the buyer regarding the property's status, including any claims or liens against it. Both documents aim to protect the interests of the buyer by ensuring they receive the property free of encumbrances.

Another document comparable to the T-47 is the quitclaim deed. This type of deed allows a property owner to transfer their interest in a property without making any guarantees about the title. While the T-47 provides assurances regarding the property's condition, a quitclaim deed does not. However, both documents serve to facilitate the transfer of property rights and can be used in various situations where clarity about ownership is necessary.

The title commitment is also similar to the T-47 form. A title commitment outlines the terms under which a title insurance company agrees to insure a property’s title. It includes details about any existing liens or encumbrances. The T-47 complements this by providing a sworn statement regarding the property’s condition, thus offering additional assurance to the buyer that the title is clear, as per the findings in the title commitment.

The property disclosure statement aligns with the T-47 in that it informs potential buyers about the condition of a property. Sellers are typically required to disclose any known defects or issues. While the T-47 focuses on the affidavit aspect, both documents aim to provide transparency and protect buyers from unforeseen problems after the purchase.

The affidavit of heirship is another document that shares similarities with the T-47. This affidavit is often used to establish the ownership of property when a person dies without a will. Like the T-47, it serves as a sworn statement, providing clarity about ownership and helping to resolve any disputes regarding the property. Both documents aim to ensure that property rights are clearly defined and legally recognized.

The lien release is akin to the T-47 in that it serves to clarify the status of a property. A lien release indicates that a debt associated with the property has been satisfied, thereby removing any claims against it. The T-47 similarly aims to affirm that there are no outstanding issues affecting the property, ensuring that the buyer can proceed with confidence in their purchase.

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The closing statement, or HUD-1, is also comparable to the T-47. This document outlines all the financial details of a real estate transaction, including fees, commissions, and the final sale price. While the T-47 focuses on the property’s condition and ownership, both documents are essential in the closing process, ensuring that all parties are informed and that the transaction proceeds smoothly.

Lastly, the deed of trust shares similarities with the T-47 form. A deed of trust is a legal document that secures a loan by placing a lien on the property. Like the T-47, it involves a sworn statement regarding the property, but it primarily serves to protect the lender's interest. Both documents are crucial in the realm of real estate transactions, as they provide important information about the property and its ownership status.