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Estoppel Affidavit of Mortgagor

This template is an estoppel affidavit used in financing transactions where a mortgagor attests to the current status of a mortgage debt and related agreements. It is typically used to confirm the outstanding balance, terms, and any defaults or claims, assuring a prospective assignee or investor.

Updated 15d ago
financingmortgageaffidavitestoppeldebt confirmationSouthern Africa

COMPANY LETTERHEAD

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

ESTOPPEL AFFIDAVIT OF MORTGAGOR

I, {{mortgagor_name}}, of {{mortgagor_address}}, being the lawful owner and mortgagor of the property situated at {{property_address}} (hereinafter referred to as 'the Property'), do hereby declare under oath as follows:

DETAILS OF MORTGAGE

1. I entered into a mortgage agreement with {{original_mortgagee_name}} (hereinafter referred to as 'the Mortgagee') on or about {{mortgage_date}} for the amount of {{original_mortgage_amount}} ({{currency}}).

2. The mortgage bond was registered in the Deeds Registry at {{deeds_registry_location}} under Bond Number {{bond_number}}.

CURRENT STATUS OF MORTGAGE DEBT

1. As of {{effective_date}}, the outstanding principal balance due under the said mortgage is {{outstanding_principal_balance}} ({{currency}}).

2. The current interest rate applicable to the mortgage debt is {{interest_rate}}% per annum.

3. All payments due under the mortgage agreement up to {{last_payment_date}} have been made timeously and in full, and I am not in default of any terms or conditions of the mortgage agreement.

4. There are no undisputed arrears on the mortgage account.

TERMS AND CONDITIONS

1. I confirm that the terms and conditions of the mortgage agreement, as amended from time to time, remain in full force and effect.

2. There are no set-offs, claims, counterclaims, defences, or causes of action against the Mortgagee or its successors or assigns concerning the mortgage, the Property, or the mortgage debt.

NO FURTHER ENCUMBRANCES

1. I affirm that, save for the aforementioned mortgage, there are no other bonds, hypothecations, servitudes, or encumbrances registered against the Property that would adversely affect the rights of the Mortgagee or any prospective assignee.

2. I have not received any notice of intention to register any further encumbrances against the Property.

PURPOSE OF AFFIDAVIT

1. This affidavit is made to induce {{assignee_or_investor_name}} (the 'Assignee/Investor') to purchase, assign, invest in, or otherwise acquire an interest in the aforementioned mortgage debt from the Mortgagee, relying on the truthfulness and accuracy of the statements contained herein.

2. I understand and agree that the Assignee/Investor will rely on this affidavit in making its decision to proceed with the transaction.

INDEMNITY

1. I hereby indemnify and hold harmless the Mortgagee and the Assignee/Investor from and against any and all claims, losses, liabilities, costs, and expenses (including legal fees) arising from any inaccuracy or misrepresentation in this affidavit.

SIGNATURE BLOCK

_____________________________

{{mortgagor_name}}

Deponent

I CERTIFY that the deponent has acknowledged that he/she knows and understands the contents of this affidavit, and that he/she has no objection to taking the prescribed oath/affirmation, and that he/she considers the oath/affirmation to be binding on his/her conscience. This affidavit was sworn to/affirmed before me at {{place_of_signature}} on this {{day}} day of {{month}}, {{year}}.

_____________________________

COMMISSIONER OF OATHS

Full Names: {{commissioner_name}}

Designation: {{commissioner_designation}}

Address: {{commissioner_address}}

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