Affidavit of Equitable Interest
This form is provided ‘AS-IS’ without any warranty of any kind, expressed or implied, statutory or otherwise. Any use of this form is at your own risk.
While the information contained herein is designed to provide accurate and authoritative information in regard to the subject matter covered, it is offered with the understanding that the presenter(s) are not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert advice is required, the services of a competent professional should be sought.
Personal Note from AIG:
Here’s the bottom line: If you have a contract to purchase a property, and you’re not 100% sure the seller’s going to be loyal to the terms of your agreement, then you should protect your equitable interest by filing a document like this.
I’ve only ever done it twice, and one of those times it saved a deal.
Keep in mind that the proper verbiage for a document that needs to be notarized like this can vary from area to area. So check with a local real estate attorney or make it match the verbiage you see on other legally notarized, recorded documents.