This form should not be used if a comparable ALTA version is available. If a comparable ALTA version is available, the most current version of the ALTA form available in each state should be used, unless approved by a Stewart underwriter.
Deed In Lieu of Foreclosure Affidavit and Estoppel Certificate
STATE of _______________________ )
COUNTY of _______________________ )
_________________________ (and) ______________________, being duly sworn, deposes and says:
That undersigned grantor(s) (collectively "Grantor") made, executed, and delivered that certain deed (the "Deed") to _____________________________, a ___________________ ("Grantee") dated the ______ day of __________ , 20 _____, conveying the following described property, known as ______________________________ (address or short reference), more particularly described as follows:
See Exhibit A attached hereto (Property Description)
That the undersigned makes this Affidavit for and on behalf of the Grantor.
That the Deed is intended to be and is an absolute conveyance of the title to the Premises to the Grantee, and it was not and is not intended as a mortgage, trust conveyance, or security device of any kind; that it is the intention of the Grantor that the Deed unconditionally and absolutely convey to the Grantee all of the Grantor's right, title, and interest in and to the Premises; that the Grantor has no right, option or obligation to redeem the Premises or to acquire, reacquire or repurchase any portion of the Premises or any rights or interests with respect thereto.
That Grantor has vacated the Premises, and possession of the Premises has been surrendered to the Grantee. There are no tenants or parties in possession of the Premises.
At no time within  days of the date hereof has any work, service or labor been performed, or any fixture apparatus or material been furnished, in connection with, or to, the Premises, except as have been fully and completely paid for. There is no claim or indebtedness to/by anyone for any labor, fixture, apparatus, materials, services, or work performed upon, or in connection with, the Premises. There is no mechanic’s lien claim against the Premises, whether of record or otherwise.
That there are no other agreements, written or otherwise, between the Grantor and Grantee, relating to the Premises or the Deed, other than ____________________________________________ dated _________ (describe settlement agreement).
That the Deed was not given as a fraudulent transfer or preference against any other creditors of the Grantor; that at the time it was given, there was no other persons or entities, other than the Grantee, interested, either directly or indirectly in the Premises; that the Grantor is solvent and has no other creditors whose rights would be prejudiced by such conveyance, and that the Grantor is not obligated upon any debt or other mortgage whereby any lien has been created or exists against the Premises, except as set forth on the current title commitment for the Premises.
That in the execution and delivery of the Deed the Grantor fully understands the effects thereof, and acted freely and voluntarily, and was not acting under coercion, duress or undue influence.
That the consideration for the Deed was and is the full and unconditional release and cancellation of all debts, liabilities, obligations, costs, and charges owed by the undersigned, and all guarantors, if any, and secured by that certain mortgage encumbering the Premises, executed by ________________ to ____________________ , dated the _______ day of ________ , 20____, and recorded in Book ___________ of Official Records, page _____ , __________ , County, ___________ (collectively, the "Mortgage") and the release of record of the Mortgage; and that at the time of the making the Deed, the outstanding debt owed by the Grantor to the Grantee equaled or exceeded the fair market value of the Premises.
That this Affidavit and Estoppel Certificate is made for the protection and benefit of Stewart Title Guaranty Company and the Grantee, its successors and assigns, with knowledge and intention that they will rely hereon.
That the undersigned will testify, declare, depose, and certify before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted to the truth of the particular facts hereinabove set forth.
That the undersigned has executed this Affidavit and Estoppel Certificate as an individual, and if Grantor is an entity, also for and on behalf of said Grantor pursuant to the appropriate authorization of said Grantor.
Name of Entity, if applicable
Print Name: ________________________
Print Title: ________________________
Sworn to before me this _____ day of ____________, 2020.
Add applicable state-specific acknowledgment
Attach Exhibit A: Property Description
Copyright 1970-2022 Stewart Title Guaranty Company. All rights reserved. The use of this form (or any derivative thereof) is restricted to Stewart Title Guaranty Company, it’s issuing agents, and affiliates in good standing as of the date of use. All other uses are prohibited.
No guidelines are available for this form at this time.