ESTOPPEL AFFIDAVIT OF MORTGAGOR

11:38 PM Posted by Blony

. This Estoppel Affidavit of Mortgagor (the “Agreement”) is made and effective [DATE],


BETWEEN: [MORTGAGOR NAME] (the "Mortgagor"), a corporation organized and existing under the laws of the [STATE/PROVINCE], with its head office located at:


AND: [AFFIANT NAME] (the "Affiant"), a corporation organized and existing under the laws of the [STATE/PROVINCE], with its head office located at:


In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows:


TERMS

1. This is to certify that Affiant executed, assumed, or taken title subject to, the mortgage on the real property located at [ADDRESS], originally granted to [NAME], dated [DATE], recorded in [BOOK, PAGES] of the public records of the [STATE/PROVINCE] and now assigned to and held by [NAME]. 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 [AMOUNT], with interest accruing thereon at the fixed rate of [%] per annum amortized over [NUMBER] year(s), with [NUMBER] monthly installment payments of principal and interest due and payable in the amount of [AMOUNT] per month, with the first payment due on [DATE]. A total of [NUMBER] payments have been made through and including the payment due on [DATE[. 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 [AMOUNT], as of [DATE], and there remain scheduled monthly payments due in the amount of [AMOUNT] each, and a balloon payment of [AMOUNT] due on [DATE], with [AMOUNT] then remaining unpaid after said balloon. The next payment in the amount of [AMOUNT] is due on [DATE]. 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 [COUNTRY] 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.

……

16. That Affiant will testify, declare, depose or 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 set forth above.


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ESTOPPEL AFFIDAVIT OF MORTGAGOR

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