Affidavit of No Lien Template (US)
Updated on August 5, 2026
An affidavit of no lien is a sworn statement used in real-estate closings, construction payments, refinancing files, and title due diligence to say that the signer is not aware of liens, unpaid construction claims, or other encumbrances affecting identified property or project work. It is not the same thing as a title search, a statutory lien waiver, a release recorded in land records, or a contractor's final waiver.
This US template is built for careful disclosure rather than a sweeping promise. It asks who the affiant is, what property or project is covered, what time period is covered, whether the statement is made as owner or contractor, and whether any known exceptions exist. That is the practical improvement: a no-lien affidavit is useful only if it identifies the actual property, project, source of knowledge, and exceptions.
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Affidavit of No Lien
State of , County of
I, , of , being duly sworn, state as follows:
1. Affiant Capacity
I make this affidavit as owner, seller, or authorized representative of an owner or seller of the property described below.
2. Property and Project
The property is located at . Legal description, parcel identifier, or title reference: .
The related project or transaction is . Construction contract date, if any: .
3. No Known Liens or Claims
To the best of my personal knowledge after reasonable inquiry, and except as stated in the Exceptions clause, no lien, mechanic's lien, materialman's lien, contractor claim, subcontractor claim, supplier claim, judgment lien, tax assessment, or other encumbrance arising through me or through the covered project remains unpaid, unsatisfied, or pending against the property or covered work as of .
4. Exceptions
Known exceptions, unpaid amounts, retainage, disputed claims, conditional waivers, recorded liens, payoff obligations, or other matters are: .
5. Reliance
may rely on this affidavit for the identified transaction or payment, but this affidavit does not replace any state-required lien waiver, lien release, title search, payoff statement, recorded satisfaction, or court order.
6. Truth of Statement
I understand that this affidavit is a sworn statement and that knowingly false statements may expose me to civil or criminal liability under applicable law.
Affiant
Date:
7. Notary Certificate
Subscribed and sworn to, or acknowledged, before me on by . Notary public: ____________________. My commission expires: ____________________.
When a no-lien affidavit is useful
The document is most useful where someone needs a sworn factual statement as part of a transaction file. A seller might state that no contractors remain unpaid for recent work. A contractor might state that subcontractors and suppliers have been paid through a stated date. An owner might state that, to the owner's knowledge, no mechanic's lien claims have been filed or threatened. The point is not magic words; it is giving the title company, lender, buyer, or paying party a dated, signed record of what the affiant knows.
Because lien rights are created by state law, a national affidavit cannot promise that all possible lien rights are gone. Some states restrict advance lien waivers, prescribe waiver forms, or treat conditional and unconditional releases differently. For example, Florida's construction lien statute states that lien rights may not be waived in advance and provides statutory progress-payment and final-payment waiver forms. A generic affidavit should not replace those statutory documents when they are required or customary.
Why broad no-lien language can backfire
A source PDF that says there are no liens, no taxes due, no mortgages, no assessments, no contractor claims, and no encumbrances of any kind asks the signer to swear too much unless the signer has actually verified every one of those facts. The safer drafting choice is to identify the affiant's role and basis of knowledge. An owner may know that the owner has not signed a mortgage or received a lien notice, but the owner may not know whether a subcontractor has preserved a claim. A contractor may know its own payment ledger, but not every title encumbrance on the land.
This template uses an exceptions field rather than pretending uncertainty does not exist. If a disputed invoice, retained amount, conditional waiver, filed claim, title issue, tax assessment, or unresolved punch-list item exists, disclose it. A disclosed exception is much easier to manage than a false affidavit.
Affidavit, lien waiver, and lien release are different documents
An affidavit is a sworn factual statement. A lien waiver usually gives up a right to claim a lien for labor, services, or materials through a date or in exchange for payment. A lien release or satisfaction may discharge a lien that has already been recorded. A title report or registry extract shows what public records disclose. They overlap in a transaction file, but they do not do the same legal work.
If the deal involves construction payment, ask whether the relevant state requires or strongly expects conditional or unconditional waiver forms. If the deal involves a sale or refinance, ask the title company exactly what statement it needs and whether a recorded release, payoff letter, owner affidavit, contractor affidavit, or lien waiver is required.
Clause-by-clause guide
- Affiant identity and capacity
- Identifies who is signing and whether they are acting as owner, seller, contractor, subcontractor, or another party with personal knowledge.
- Property and project description
- Uses address plus legal description, parcel number, project name, contract date, or other identifiers so the statement is tied to a real parcel or project.
- Covered period
- States the as-of date and the period through which labor, materials, taxes, assessments, or other claims are being addressed.
- No known liens statement
- Limits the statement to the affiant's knowledge and role, rather than making an impossible universal guarantee.
- Payment and claim exceptions
- Creates a place to list unpaid invoices, retainage, disputed claims, conditional waivers, recorded liens, or anything else that should not be hidden.
- Reliance and indemnity
- Says the recipient may rely on the affidavit for the named transaction, and that the affiant is responsible for knowingly false statements.
- Notary block
- Leaves venue and notary details for the state where the affidavit is sworn, because jurat and acknowledgment wording vary.
US compliance checklist
Before using this affidavit, confirm which document the transaction actually requires.
Do not use a no-lien affidavit as a substitute for a state lien waiver form
State construction lien statutes can restrict advance waivers and prescribe progress-payment or final-payment forms. Florida is one clear example: lien rights may not be waived in advance and statutory waiver/release forms are provided.
Florida Statutes section 713.20Use the correct affiant capacity
An owner, contractor, subcontractor, lender, and seller have different knowledge. The affidavit should not force an owner to swear to a subcontractor payment ledger the owner has not verified.
Attach or copy the legal description when real property is involved
A street address alone may be insufficient for title work. Use a legal description, parcel identifier, lot/block reference, title commitment, or recorded instrument reference when available.
List exceptions instead of deleting uncertainty
Unpaid retainage, disputed invoices, filed claims, conditional waivers, unpaid taxes, assessments, mortgages, and payoff obligations should be listed rather than swept into a false no-lien statement.
Use a state-appropriate jurat or acknowledgment
Notary certificate wording varies. The signing state, county, oath or acknowledgment, and notary commission details should match local notarial rules.
How to use this affidavit
- Identify the transaction. State whether the affidavit supports a closing, refinance, progress payment, final payment, title file, or another transaction.
- Describe the property and project. Add the address, legal description, parcel number, project name, contract date, and the parties involved.
- Choose the affiant capacity. Select owner/seller or contractor/subcontractor so the statement matches what the signer can actually know.
- Add exceptions honestly. List any disputed claims, retainage, unpaid amounts, recorded liens, conditional waivers, assessments, or payoff items.
- Sign before the notary. Use the jurat or acknowledgment required in the signing state and keep a copy with the closing, payment, or project file.
Frequently asked questions
Is an affidavit of no lien the same as a lien waiver?
No. An affidavit is a sworn factual statement. A lien waiver gives up lien rights for labor, materials, or services, usually through a date or after payment. Many construction transactions need a waiver or release, not just an affidavit.
Can an owner sign this if subcontractors worked on the project?
Yes, but only within the owner's actual knowledge. The owner should not swear that every subcontractor and supplier has been paid unless the owner has verified that fact through the contractor, payment records, waivers, or title-company requirements.
Should I say there are absolutely no liens?
Only if that is true and verified. A safer statement is often that, to the affiant's knowledge and except as disclosed, no liens or lien claims affect the identified property or covered work.
Does this clear a recorded lien?
No. If a lien has already been recorded, you generally need a release, satisfaction, court order, bond, or other state-law process to clear it from the record.
Can a lien right be waived before work is performed?
Some states restrict or invalidate advance lien waivers. Florida's construction lien statute, for example, says a right to claim a lien may not be waived in advance. Check the law of the project state before relying on any waiver language.
Does this need to be notarized?
Usually yes if it is being used as an affidavit for a title company, lender, court, or public-record purpose. Use the notary certificate required in the state where the affidavit is signed.
What should go in the exceptions field?
Anything that could make the no-lien statement incomplete: unpaid invoices, retainage, disputed change orders, tax assessments, mortgage payoffs, filed liens, conditional waivers, or claims the affiant has received notice of.
Related templates
Disclaimer
This template and guide are provided for general information only and are not legal, title, tax, or notarial advice. Lien rights, waiver forms, recording rules, and notary wording are state-specific. Confirm the applicable state law and transaction requirements before signing.
