Borrower’s Affidavit
(Financing) (Pro-Lender) (FL)

Summary

This borrower’s affidavit template is for use in a Florida real estate financing transaction and includes the representations and warranties a Florida mortgage lender typically requires. This borrower’s affidavit is drafted from lender’s perspective but also contains alternate and optional clauses for borrower. This template includes practical guidance, drafting notes, and alternate and optional clauses. This template is for use when borrower owns real property and is obtaining a first loan on such real property or refinancing the real property. If borrower does not own the real property that is the collateral for the loan and this affidavit is being given in connection with an acquisition financing transaction, borrower will only be able to make limited representations regarding execution of the loan documents, due formation (if borrower is an entity) and any direct actions it may have taken with respect to itself or the property (e.g., borrower has not filed bankruptcy). In such case, lender and the title company will instead rely on the owner’s affidavit (also referred to as a seller’s affidavit) given in connection with the sale of the property to the borrower, as purchaser, for detailed property representations. The drafting notes throughout this template indicate the provisions to be deleted if this borrower’s affidavit is being used for an acquisition financing. For further information on real estate financing in Florida, see Commercial Real Estate Financing (FL). For information about commercial real estate purchase and sale agreements in Florida, see Commercial Real Estate Purchase and Sale Agreements (FL) and Purchasing and Selling Commercial Real Estate Resource Kit (FL). For a full listing of key content covering purchasing and selling commercial real estate, see Purchasing and Selling Commercial Real Estate Resource Kit.