Estoppel Affidavit of Mortgagee (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 hold the Mortgage on the real property located at
_________________________________________, originally granted to __________________________ by ______________________________, on , _______________________, and recorded in Book__________. Page(s)_____________ of the public records of the County of , State of , and now assigned to and held by me/us. 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 _________________. A total of _________payments have been made through and including the payment due on , 20 . This loan is current in all respects and the Payor 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 beginning with the , 20 installment, plus a balloon payment of $ due on ,
20 , with $ then remaining unpaid after said balloon. 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 known by Affiant.
(5) The Affiant has the full legal capacity to execute an assignment of said Note and Mortgage and is not in bankruptcy or receivership for benefit of creditors.
(6) Affiant has no knowledge of any action or proceeding whatsoever, 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 held by Affiant, nor does the Affiant know of any federal or state court judgment, tax lien or any other lien of any kind or nature whatsoever 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 is not escrowing any sums 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, and will hold harmless and protect against any claims.
(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 held by the Affiant.
FURTHER, Affiant(s) sayeth naught.
Date:
________________________________________
Mortgagee/Affiant
________________________________________
Witness
___________________________________________
Mortgagee/Affiant
________________________________________
Witness
Notary Public
Exhibit A
(Legal Description of the Mortgaged Property) This document and accompanying materials are designed to provide authoritative information in regard to the subject matter covered in it. It is for illustration purposes only and presented with the understanding that the author and publisher are not engaged in rendering legal, accounting or other professional opinions. If legal advice or other expert assistance is required, the services of a competent professional should be sought. |
