What is an Affidavit of Deed?

An affidavit of deed is a legal document where a grantee, the person receiving the benefit of a deed transferring ownership of real property, attests that they have “received” delivery of the deed.

An affidavit of deed is not required in many states. Still, because a deed generally must only be signed by the grantor, the person giving the property to another person, proving delivery of the deed may be difficult. For example, let’s say Bob Smith is in some financial trouble and wants to sell his property in Florida to his cousin Lou. Bob completes a deed by signing his name in the presence of two witnesses and receives a notary acknowledging his signature. Lou, as the grantee, does not have to sign the deed under Florida law. Bob mails the deed to Lou, who decides not to record the deed. Lou trashes the property, doesn’t pay the property taxes, and the city imposes fines to the owner of record (Bob). Lou then disappears. Bob now has a property with thousands of dollars of fines, taxes, and repairs; however, an affidavit of the deed may help in proving to the court that Bob is no longer the owner and that the deed was properly delivered by Florida law.

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