TX Affidavit Re Inability to Record
AFFIDAVIT OF NO CHANGE IN TITLE AND
CONSENT REGARDING INABILITY TO RECORD
SELLER OR BORROWER/ BUYER / LENDER
In the event of the closures of county clerk recording offices due to the impact of COVID-19, the ability to timely record instruments and title searching capabilities may be adversely affected.
As a proposed insured, the undersigned consent to the transaction proceeding to close with the acknowledgment that the recording and return of the original Deed and Deed of Trust or Mortgage as well as any other documents necessary to facilitate the transaction, may be delayed until the county clerk's office is open and recordings can be processed.
Notwithstanding any instruction of the parties to the contrary, all parties agree and understand that they will not and may not require or demand that any party(ies), Stewart, or any third party file for record, any of the documents prior to such time as the county clerk's office is open.
The seller or borrower states and affirms that they have not signed or caused or allowed to be recorded any document that conveys or encumbers or affects the Property or any interest in the Property since _(plant through date)________. The undersigned is also not aware of any adverse claim or interest in the property except: ________________________________________________________________________________________________________________________________________________
All parties agree that this affidavit serves as an inducement for and in consideration of Stewart issuing its policy(ies) of title insurance in reliance on the agreement and statements made herein. This affidavit is also made under penalties of perjury.
EXECUTED and acknowledged this the ______ day of ________________, 2020.
No guidelines are available for this form at this time.