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Owner's or Seller's Affidavit of No Liens - South Dakota

Owner's or Seller's Affidavit of No Liens - South Dakota 2025

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The document is an Owner's (Seller's) Affidavit from South Dakota, where the sellers affirm their ownership and the absence of liens, structural defects, or pending lawsuits related to a property they are selling. It includes declarations about their marital status, financial obligations, and easements affecting the property. The affidavit emphasizes the truthfulness of the statements made, as they are relied upon by a mortgagee and title insurance company in connection with the sale.

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Click ‘Get Form’ to open it in the editor.
Begin by entering your name as the owner(s) in the designated field. Ensure that you are at least 21 years old and confirm your marital status.
Provide the address of the property and the date of the deed you received. This information is crucial for establishing ownership.
In the liens section, clearly state any existing liens against the property, including real estate taxes for the current year.
Confirm that no repairs or improvements have been made within the last 60 days that remain unpaid. This ensures there are no mechanic's liens.
Review and complete sections regarding fixtures, governmental improvements, nuisances, structural defects, lawsuits, bankruptcy status, easements, and any similar name liens.
Finally, sign and print your name at the bottom of the affidavit. Ensure a notary public witnesses your signature for validation.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is a lien law affidavit?

At its core, an affidavit lien is a binding legal document that could introduce complexities into real estate transactions. Typically, such a lien is recorded against a property by an individual or entity claiming a financial debt owed by the property owner.

What is a no lien affidavit?

A No-Lien Affidavit is a legal statement provided by a contractor, subcontractor, or supplier affirming that they have been fully paid and that no liens have been or will be placed against the property for the work performed or materials supplied.

What does no lien mean?

A no-lien contract prevents contractors, subcontractors, or suppliers from filing mechanics liens in the future. States vary widely on enforceabilitysome prohibit no-lien clauses entirely, while others allow them in limited contexts.

How long do you have to file a lien in South Dakota?

Must be filed with Register of Deeds within 120 days after claimants last work or delivery.

What is a lien on a property in South Dakota?

In South Dakota, a lien on a property is a legal claim attached to a debtors property that makes the property secure or collateral for the performance of an act. According to South Dakota Code Chapter 43-1, anything real and immovable or personal and movable of which there can be ownership is called property.

What does a no lien letter mean?

This letter verifies that there are no municipal liens filed against the property. It further indicates if there are any outstanding Sewer Charges/Taps or Real Estate Taxes that need to be satisfied. Finally, the No Lien Letter also verifies that a dye test has been conducted and that the property has passed the test.

Owner's or Seller's Affidavit of No Liens - South Dakota 2025

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