ESTOPPEL AFFIDAVIT OF MORTGAGOR

 

 

 

(State of: ) SS:

 

(County of: )

 

BEFORE ME, the undersigned authority, duly authorized in the state and county aforesaid to take acknowledgements, this day personally appeared the undersigned Affiant(s), , jointly and severally if more than one (hereinafter referred to collectively as "Affiant"), who, first being duly sworn depose(s) and say(s):

 

            (1)        This is to certify that I/we have executed, assumed, or taken title subject to, the mortgage on the real property located at: ____________________________________ _________________________________________________________,

originally granted to , dated , recorded in Book     , Page(s)       of the public records of the County of              , State of                   , and now assigned to and held by                               . 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 $              , with interest accruing thereon at the fixed rate of         % per annum amortized over          year(s), with monthly installment payments of principal and interest due and payable in the amount of $            per month, with the first payment due on         , 19____. A total of ________ payments have been made through and including the payment due on      , 20____. 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 $             , as of        , 20____, and there remain               scheduled monthly payments due in the amount of $          each, and a balloon payment of $            due on           , 20____, with $              then remaining unpaid after said balloon. The next payment in the amount of $         is due on            , 20____. 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 the United States 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.

  

            FURTHER, Affiant(s) sayeth naught.

 

                                                                         Date:

 

 

 

            Witness                                              

                                                             Mortgagor/Affiant

 

 

            Witness

 

 

 

 

            Witness                                              

                                                             Mortgagor/Affiant

 

 

            Witness

 

 

State of , County of ) SS:

  I hereby certify that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments appeared

 

To me known to be the person(s) described in or who identified themself(ves) to be the person(s) described by means of

 

And who executed the foregoing instrument and acknowledged before me that he(she) executed the same for the purpose expressed. 

            Witness my hand and official in the state and county aforesaid, on this day of , 19 .

 

 

 

                                                                                                                                                 Notary Public

(Seal)

(Exp. Date)

 

(State of , County of ) SS:

 

 I hereby certify that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments appeared

 

To me known to be the person(s) described in or who identified themself(ves) to be the person(s) described by means of

 

And who executed the foregoing instrument and acknowledged before me that he(she) executed the same for the purpose expressed. 

            Witness my hand and official in the state and county aforesaid, on this day of , 19 .

 

 

                                                                                                                                                 Notary Public

(Seal)

(Exp. Date)

  

Exhibit A

 

(Legal Description of the Mortgaged Property)