Affidavit of No Lien | Free Template
A formal sworn statement affirming that no liens, security interests, or legal claims exist against a specific property or asset. Used primarily in property transfers, refinancing, and construction close-outs to guarantee a clean title and protect all parties involved in a financial transaction.
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Contents
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What is an Affidavit of No Lien in Canada?
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Details Required in an Affidavit of No Lien
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Affidavit of Title vs. Affidavit of No Lien
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Purpose of an Affidavit of No Lien
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By confirming that a property is free from liens, disputes, and unrecorded claims, this Affidavit promotes a transparent exchange of property rights. It confirms that, to the signer’s knowledge, no one has made a claim saying they are owed money for the property.
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Situations Requiring an Affidavit of No Lien
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Commissioning an Affidavit of No Lien
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Draft and Commission Your Affidavit Today
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Frequently Asked Questions
What is an Affidavit of No Lien in Canada?
An Affidavit of No Lien is a legal document that declares a property or asset is free of outstanding liens and financial encumbrances (a financial claim someone has against your property until you pay off what you owe). The person signing this Affidavit (the affiant) is essentially saying that the asset in question is free of the following:
- Liens (unpaid loans, construction liens, tax liens)
- Mortgages or charges registered against property
- Charges (registered financial claims against the asset, like secured obligations)
- Unpaid financing (outstanding loans or financing arrangements tied to the asset)
An Affidavit of No Lien serves the following main purposes:
- Assures buyers, lenders, or other parties that the property or asset can be transferred or used without any legal obstacles.
- Helps protect the rights and interests of the affiant and stakeholders involved in the transaction.
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Details Required in an Affidavit of No Lien
An Affidavit of No Lien typically includes the following details:
- Affiant’s information: Full name, address, contact details, and relationship to the property or asset.
- Property or asset description: A detailed description of the property or asset, including the legal description, address, or any other identification details.
- Statement of no lien: A declaration that the property or asset is free and clear of any liens, mortgages, or encumbrances, with no outstanding debts or claims against it.
- Supporting documentation: Any relevant documents or evidence that prove the absence of liens, such as title deeds, property records, or receipts of payments, if available.
- Signatures: Affiant’s signature affirming the details they’ve provided are true, the date, and the location of signing.
- Commissioning: The signature and seal of an authorized official, like a notary.
Affidavit of Title vs. Affidavit of No Lien
An Affidavit of No Lien is often used in combination with an Affidavit of Title, but each document serves a different purpose. An Affidavit of No Lien states that an asset or property is free from outstanding debts (liens, mortgages, or other financial obligations).
On the other hand, an Affidavit of Title confirms the owner’s legal ownership of a property and discloses any matters affecting title (your legal right to a property or asset).
Together, these documents provide evidence that there are no outstanding debts or claims against the property and that ownership is clear.
Purpose of an Affidavit of No Lien
This Affidavit helps assure buyers, lenders, and other parties that a property or asset can be transferred without issues related to:
- Unpaid loans tied to an asset
- Outstanding financing arrangements
- Other debts that could result in financial claims (liens) or security interests
For reference, a security interest is a legal right that allows a lender to seize or resell an asset if a debt is unpaid. Let’s say a lender has a security interest in an unpaid vehicle. If the borrower fails to make payments and the lender holds a security interest, the lender may seize or sell the vehicle.
An Affidavit of No Lien states that no such rights currently exist, helping support a smooth and reliable transfer. It serves the following main purposes:
- States property or asset has no unpaid debts officially registered against it.
- Confirms there are no ongoing ownership or payment disagreements.
- Affirms that there are no claims saying money is owed on an asset or property.
- Provides a description of the property.
- Confirms information is consistent with supporting documents, including title records and payment receipts.
An Affidavit of No Lien for Property
By confirming that a property is free from liens, disputes, and unrecorded claims, this Affidavit promotes a transparent exchange of property rights. It confirms that, to the signer’s knowledge, no one has made a claim saying they are owed money for the property.
An Affidavit of No Lien for Other Assets
An Affidavit of No Lien may also be used for valuable non-property assets, like vehicles, equipment, boats, and more. It is commonly used to sell or finance high-value assets, such as vehicles, boats, equipment, and business assets. In these cases, confirmation of lien-free ownership helps support a smooth and secure transfer.
Situations Requiring an Affidavit of No Lien
You may need an Affidavit of No Lien in various situations, including but not limited to the following:
- Selling a property or transferring its ownership
- Applying for a loan, mortgage, or refinancing
- Completing a real estate transaction
Commissioning an Affidavit of No Lien
Your Affidavit of No Lien must be commissioned by an authorized official, like a notary public or commissioner of oaths. This is a necessary step, and without it, your Affidavit isn’t valid.
You can meet with a notary online to have your Affidavit commissioned in 7 minutes, from anywhere with a Wi-Fi connection.
How Commissioning Your Affidavit Works
You can commission your Affidavit online through a secure video appointment. During your online notary appointment, the following will take place:
- You’ll present a piece of valid, government-issued ID to verify your identity.
- You’ll swear or affirm that the contents of your Affidavit are true.
- You’ll confirm that you understand the document and are signing voluntarily.
- You’ll sign and date the Affidavit while a notary witnesses in real time.
- A notary signs and applies their official stamp or seal.
To learn more about the commissioning process, check out our guide.
Note: Knowingly providing false information may be considered perjury under Canada’s Criminal Code.
Draft and Commission Your Affidavit Today
Now it’s time to take the next step! Use our free Affidavit of No Lien template to draft your document in minutes. Then, meet with a notary public online to have your Affidavit commissioned in under 7 minutes!
Frequently Asked Questions
No. An Affidavit of No Lien primarily declares the absence of any liens or financial encumbrances on a property or asset. Other documents, such as title deeds, contracts, and registrations, may be required to establish full ownership.
An Affidavit of No Lien may be required for various types of high-value assets. These include real estate properties, vehicles, boats, or any other valuable property that can be subject to liens or constraints.