What is the difference between an affidavit of title and a title commitment?
An affidavit of title and a title commitment are both legal documents in the process of buying or selling a home in Michigan. An affidavit of title is a written statement that is sworn under oath that the seller is legally able to sell the property and that there are no other claims on the property being sold. The seller is responsible for providing this document and it generally includes any encumbrances, such as liens or mortgages, that may need to be paid off at closing. A title commitment, on the other hand, is a document that is provided by the title company you are using to purchase or sell the home. This document outlines all the information related to the title search and any potential claims on the property. The title commitment can also include the terms and conditions of title insurance. The title company you use will issue the title commitment after they have completed all the necessary paperwork and searched public records for any potential issues concerning encumbrances on the property. In summary, an affidavit of title is a legal document that is provided by the seller and swears that the seller has the legal right to sell the property. A title commitment is a document that is provided by the title company and outlines potential encumbrances and any terms and conditions of the title insurance.
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