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Ancient Mortgage Affidavit for the United States

Ancient Mortgage Affidavit Template for United States

An Ancient Mortgage Affidavit is a legal document used in United States property law to address and clear title issues related to old, presumably satisfied mortgages that were never formally discharged. This sworn statement document provides a structured method for property owners to establish that an old mortgage, which appears in the chain of title but has likely been satisfied, should no longer be considered an encumbrance on the property. The document combines factual assertions about the mortgage's age and history with legal arguments based on state-specific statutes of limitations and presumptions of payment.

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What is a Ancient Mortgage Affidavit?

The Ancient Mortgage Affidavit is a crucial document in U.S. real estate transactions where historical title issues need to be resolved. This document type is typically employed when an old mortgage appears in the property's chain of title but was likely satisfied many years ago, yet no formal discharge or satisfaction was recorded. The affidavit relies on state-specific statutes and legal presumptions regarding the enforcement of old mortgages, typically those over 20-30 years old. It includes detailed information about the property, the ancient mortgage in question, the chain of title, and facts supporting the presumption of satisfaction. The document must comply with state-specific requirements for affidavits and property law, and is commonly used in conjunction with title insurance and property sales to clear potential clouds on title.

What sections should be included in a Ancient Mortgage Affidavit?

1. Affiant Information: Identifies the person making the sworn statement, including their full legal name, address, and relationship to the property

2. Property Description: Legal description of the subject property, including address, lot number, and detailed boundary description

3. Ancient Mortgage Details: Information about the mortgage in question, including original mortgagor, mortgagee, date of recording, recording reference numbers, and original principal amount

4. Chain of Title: Description of how the property passed from the original mortgagor to the current owner

5. Basis for Satisfaction: Facts supporting the presumption that the mortgage has been satisfied, including age of mortgage, absence of foreclosure action, and any supporting documentation

6. Statutory Authority: Reference to relevant state statutes regarding ancient mortgages and statute of limitations

7. Sworn Statement: Formal declaration under oath that the statements contained in the affidavit are true and correct

8. Notarization Block: Space for notary acknowledgment and seal

What sections are optional to include in a Ancient Mortgage Affidavit?

1. Payment Evidence: Include when there is circumstantial evidence of payment such as bank statements, cancelled checks, or correspondence

2. Prior Owner Statements: Include when statements from prior owners regarding the mortgage status are available

3. Title Search Results: Include when a professional title search has been conducted showing no enforcement actions

4. Mortgage Holder Investigation: Include when efforts have been made to locate the original mortgage holder or successor

5. Related Court Proceedings: Include when there have been any court proceedings related to the property or mortgage

What schedules should be included in a Ancient Mortgage Affidavit?

1. Schedule A - Property Documentation: Copies of relevant deed records, tax records, and property documents

2. Schedule B - Original Mortgage: Copy of the ancient mortgage and recording information

3. Schedule C - Supporting Evidence: Copies of any available evidence supporting satisfaction of the mortgage

4. Schedule D - Title Search Report: Results of title search showing the ancient mortgage and subsequent history

5. Schedule E - Affiant's Authority: Documentation establishing the affiant's relationship to the property or authority to make the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Real Estate

Legal Services

Banking & Finance

Insurance

Property Development

Mortgage Services

Title Services

Public Records Administration

Relevant Teams

Legal

Real Estate

Title Processing

Mortgage Operations

Document Recording

Property Records

Closing Operations

Title Research

Risk Management

Compliance

Relevant Roles

Title Officer

Real Estate Attorney

Property Lawyer

Title Examiner

Real Estate Paralegal

Mortgage Officer

Title Insurance Underwriter

Real Estate Closing Coordinator

County Recorder

Property Records Administrator

Real Estate Transaction Manager

Title Abstractor

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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