ESTOPPEL AFFIDAVIT OF MORTGAGOR
This Estoppel Affidavit of Mortgagor (the
“Agreement”) is made and effective [DATE],
BETWEEN: [YOUR COMPANY NAME] (the
"Mortgagor"), a corporation
organized and existing under the laws of the [State/Province] of [STATE/PROVINCE],
with its head office located at:
[YOUR COMPLETE ADDRESS]
[YOUR COMPLETE ADDRESS]
AND: [AFFIANT
NAME] (the "Affiant"), a corporation organized and existing under the laws
of the [State/Province] of [STATE/PROVINCE], with its head office located at:
[COMPLETE ADDRESS]
[COMPLETE ADDRESS]
In consideration of
the terms and covenants of this agreement, and other valuable consideration,
the parties agree as follows:
TERMS
1.
This
is to certify that Affiant executed, assumed, or taken title subject to, the
mortgage on the real property located at [ADDRESS], originally granted to
[NAME], dated [DATE], recorded in [BOOK, PAGES] of the public records of the
[STATE/PROVINCE] and now assigned to and held by [NAME]. The legal description
of the mortgaged property is attached hereto as Exhibit A.
2.
The
original principal amount of the Promissory Note secured by said Mortgage was
[AMOUNT], with interest accruing thereon at the fixed rate of [%] per annum
amortized over [NUMBER] year(s), with [NUMBER] monthly installment payments of
principal and interest due and payable in the amount of [AMOUNT] per month,
with the first payment due on [DATE]. A total of [NUMBER] payments have been
made through and including the payment due on [DATE[. This loan is current in
all respects and the Affiant is not in default.
3.
The
remaining unpaid principal balance owing on said Note and Mortgage is [AMOUNT],
as of [DATE], and there remain scheduled monthly payments due in the amount of
[AMOUNT] each, and a balloon payment of [AMOUNT] due on [DATE], with [AMOUNT]
then remaining unpaid after said balloon. The next payment in the amount of
[AMOUNT] is due on [DATE]. Interest continues to accrue on said Note and
Mortgage at the fixed annual rate of [%].
4.
No
lump sum payments have been made against said balance, nor are there any
claims, defenses or offsets against said Mortgage or Note.
5.
The
Affiant had the full legal capacity to execute said Note and Mortgage or to
assume or take title to the real property subject to said Mortgage, and is not
in bankruptcy or receivership for benefit of creditors.
6.
Affiant
has no knowledge of any action or proceeding whatever, which is now pending in
any state or federal court in [COUNTRY] in which the Affiant is a party which
affects the real property or the Note or Mortgage, nor does the Affiant know of
any federal or state court judgment, tax lien or any other lien of any kind or
nature whatever which now constitutes a lien or charge upon the property, Note,
or Mortgage, except taxes for the current year and the lien of those certain
mortgages of record in the County and State where the property is located.
7.
Affiant
has received no notice from any governmental authority requiring any
improvement, alteration or change to be made in and about the property.
8.
Affiant
has not had any sums escrowed for the payment of taxes or insurance on the
property.
9.
Affiant
further states under penalty of perjury that there has never been any previous
transfer or assignment of the above described Promissory Note and/or Mortgage
to the knowledge of Affiant, nor has Affiant ever received any notice of
assignment or notice of any other interest had by any other third party in said
Note and/or Mortgage; Affiant will hold harmless and protect against any claims
due to misrepresentation hereof.
10. Affiant understands
that this affidavit may be relied upon by any third-party for the purpose of
assuming, holding, purchasing, assigning, or satisfying the Promissory Note and
Mortgage presently owed by the Affiant.
11. That said Agreement is intended to be and is an absolute
conveyance of the title to said property to Mortgagor named therein, and was
not and is not now intended as a mortgage, trust conveyance or security of any
kind.
12. That it was the intention of Affiant as grantors in said Affidavit
to convey, and by said Affidavit Affiant did convey, to Mortgagor therein, all
their right, title and interest absolutely in and to said property and that
possession of said property has been surrendered to Mortgagor.
13. That in the execution and delivery of said Affidavit Affiant was
not acting under misapprehension as to the effect thereof, and acted freely and
voluntarily and were not acting under coercion or duress.
14. That at the time of making said Affidavit Affiant believed and now
believe that the aforesaid consideration therefore represented the fair value
of said property.
15. That this affidavit is made for the protection and benefit of
Mortgagor in said Affidavit, their successors and assigns, and all other
parties hereafter dealing with or who may acquire an interest in said property.
16. That Affiant will testify, declare, depose or certify before any
competent tribunal, officer or person, in any case now pending or which may
hereafter be instituted to the truth of the particular facts set forth above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
MORTGAGOR AFFIANT
Authorized Signature Authorized
Signature
Print Name and Title Print
Name and Title
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