Whether any action for specific performance, foreclosure, to create a trust, impose a lien, forbidding conveyance, or to set aside any deed is now pending against the land Whether any filed state or federal tax lien is unpaid If the work or materials have been paid for and lien waivers provided, the affiant must provide that information and copies of documentation Whether any work has been done or materials supplied to the land in the last six months, whether as new construction, remodeling, or repair work. The Construction Lien and Possession Affidavit, (CLPA) is slightly different, requiring information about the following matters: If the land is commercial, whether a commercial real estate broker is entitled to any payments on the land. Whether there are any unrecorded easements on the land and Whether there are any outstanding unrecorded contracts, options or leases on the land Whether there are any outstanding service agreements, security agreements, financing statements, equipment leases, or chattel mortgages on the land Whether any notices of lien have been received in the last six months Whether any contracts for any work, materials, equipment, service or machinery have been signed in the last six months Whether any goods, equipment, machinery or other chattels have been attached to the land as fixtures in the last six months Whether any work has been done or materials supplied to the land in the last six months, whether as new construction, remodeling, or repair work, regardless of whether the work or materials were paid for The ALTA Statement asks for information about the following matters: Both affidavits ask each party to swear to what they know about a series of unrecorded title problems to the land, to help you identify outstanding title problems prior to closing. The ALTA Statement (ATG Form 3004), used in Illinois and Indiana real estate transactions, and Construction Lien and Possession Affidavit (ATG Form 3033), used in Wisconsin real estate transactions, are affidavits that the sellers, buyers, and lender sign. THE ALTA STATEMENT AND THE CONSTRUCTION LIEN AND POSSESSION AFFIDAVITĪTG requires an ALTA Statement or Construction Lien and Possession Affidavit on every transaction we insure where the owner, lender, or both, requires that some or all of the five Standard Exceptions be removed or insured on the final title policy.
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