The Mortgage Affidavit is a essential document in Irish property financing transactions, typically required by lending institutions and the Land Registry as part of the mortgage security package. It serves to verify crucial information about the property and the borrower under oath, helping prevent fraud and ensure legal compliance. The affidavit includes declarations about property ownership, existing charges, marital status, tax compliance, and other matters required by Irish law. This sworn document is particularly important because it creates legal liability for the deponent if any statements are false, thereby providing additional security for lenders. The Mortgage Affidavit must be executed in accordance with Irish statutory requirements and is typically prepared by legal professionals familiar with Irish property and banking law.
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1. Opening Statement: Formal introduction identifying the deponent, their address, and occupation
2. Property Details: Full description of the mortgaged property including folio number and address
3. Mortgage Agreement Details: Details of the mortgage agreement including lender, amount, and date
4. Title Confirmation: Declaration confirming legal ownership and right to mortgage the property
5. Marital Status Declaration: Statement regarding marital status and family home considerations under Family Home Protection Act
6. Outstanding Charges Declaration: Statement regarding any existing charges, loans, or encumbrances on the property
7. Tax Compliance Declaration: Confirmation of tax compliance and payment of relevant property taxes
8. Truth Declaration: Standard declaration that all statements made are true and accurate
9. Execution Block: Space for signature, commissioner for oaths details, and date
1. Planning Compliance: Required when the property involves recent construction or modifications, declaring compliance with planning laws
2. Bankruptcy Declaration: Required for certain lenders, declaring no pending bankruptcy proceedings
3. Separation Agreement Details: Required when the deponent is separated or divorced, detailing relevant arrangements
4. Previous Mortgage History: Required when refinancing or when there's a previous mortgage history
5. Residency Status: Required for non-Irish residents or when specific tax treatments apply
1. Property Description Schedule: Detailed legal description of the property including boundaries and rights of way
2. Title Documents List: Schedule listing all relevant title documents and their dates
3. Planning Documents: Copies of relevant planning permissions and certificates where applicable
4. Supporting Documents: List and copies of documents referenced in the main affidavit
5. Tax Certificates: Copies of relevant tax clearance certificates and property tax payments
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