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.
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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
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
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
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