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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] #1........................ Posted by zachary on May 27, 2003 at 8:25 AM In Reply to: Details of the Affidavit of Deed posted by Ward-CA- on May 26, 2003 at 11:10 AM : : Ward, : : I had a few questions about the AOD: : : 1. If property is grant deeded to: : : joebuyer, trustee of Seller trust dated xxxxx : : Do you fill out #1 on the AOD exactly the same: : : joebuyer, trustee of Seller trust dated xxxxx : : 2. in step two would you have them initial B,D,E, and F? : : and for B would write in combined amount of cash + note? : : 3 in step 3 do you leave the title insurance company blank until you sell it? : : Just two more questions I swear :-) : : 4. why do you suggest to use a differt notary with than one used for the deed? : : 5. and finally.....the AOD shows chain of title from seller to the trustee of trust. I would assume it also there to state that the seller isn't clouding title in some way. : : Do you ever have a problem selling from the trust to the end buyer (who probably has an agent who might not understand trusts. : : : : thanks!! : : Zachary : =•=•=•=•=•=•=•=•=•=•=•= : Zachary, : The AOD (Affidavit of Deed) has been devised by the title industry as a sort of estoppel to vouchsafe deeds that were transacted and recorded without benefit of title insurance. : #1. Asks for the identity of the grantor(s). That would be the name of the seller of the property, not the grantee/buyer. : #2. Yes B, D, E and F would be initialed by the Seller. : Item (B) Consideration is the value received by the Seller. That would be the combined total of both the cash and note given the seller. : #3. No, this is a form that’s supposed to be completely filled out by the Seller. So I would have them put the phrase, “Any qualified title company chosen by the grantee” in the blank in item 3 at the time the AOD is executed. : #4. It’s the title issuer who requires that a different notary be used to notarize the AOD versus the deed. That’s the same party requiring the seller fill out the AOD in the first place. : #5. Please remember that the AOD is not a recorded document. So it can’t show or depict the chain of title since the general public would be unaware of its existence. : Subsequently selling the property out of the trust to “the end buyer” has never been a problem, not even once. That’s why now I don’t require the seller to give me a recordable back-up deed to use in case a title company refuses to recognize the efficacy of the trust. : Hope this helps. _____________________________________________________ thanks for the info! so with #1 which states: "that we are the identical parties who made, executed, and delivered that certain deed (see attached deed exhibit and incorporate herein) to:__________________________________________ it is asking for the seller/grantor. So the buyer/grantee is not listed on the AOD, but is listed on the deed which is added as exhibit 1 to the AOD Is this correct? Zachary Follow Ups: Oops, will have to slow down a little methinks.... Ward-CA- 9:13 AM, 05/27/03 (1) No problem :-) one more clarification! zachary 11:34 AM, 05/27/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : : Ward, : : : I had a few questions about the AOD: : : : 1. If property is grant deeded to: : : : joebuyer, trustee of Seller trust dated xxxxx : : : Do you fill out #1 on the AOD exactly the same: : : : joebuyer, trustee of Seller trust dated xxxxx : : : 2. in step two would you have them initial B,D,E, and F? : : : and for B would write in combined amount of cash + note? : : : 3 in step 3 do you leave the title insurance company blank until you sell it? : : : Just two more questions I swear :-) : : : 4. why do you suggest to use a differt notary with than one used for the deed? : : : 5. and finally.....the AOD shows chain of title from seller to the trustee of trust. I would assume it also there to state that the seller isn't clouding title in some way. : : : Do you ever have a problem selling from the trust to the end buyer (who probably has an agent who might not understand trusts. : : : : : : thanks!! : : : Zachary : : =•=•=•=•=•=•=•=•=•=•=•= : : Zachary, : : The AOD (Affidavit of Deed) has been devised by the title industry as a sort of estoppel to vouchsafe deeds that were transacted and recorded without benefit of title insurance. : : #1. Asks for the identity of the grantor(s). That would be the name of the seller of the property, not the grantee/buyer. : : #2. Yes B, D, E and F would be initialed by the Seller. : : Item (B) Consideration is the value received by the Seller. That would be the combined total of both the cash and note given the seller. : : #3. No, this is a form that’s supposed to be completely filled out by the Seller. So I would have them put the phrase, “Any qualified title company chosen by the grantee” in the blank in item 3 at the time the AOD is executed. : : #4. It’s the title issuer who requires that a different notary be used to notarize the AOD versus the deed. That’s the same party requiring the seller fill out the AOD in the first place. : : #5. Please remember that the AOD is not a recorded document. So it can’t show or depict the chain of title since the general public would be unaware of its existence. : : Subsequently selling the property out of the trust to “the end buyer” has never been a problem, not even once. That’s why now I don’t require the seller to give me a recordable back-up deed to use in case a title company refuses to recognize the efficacy of the trust. : : Hope this helps. : _____________________________________________________ : thanks for the info! : so with #1 which states: : "that we are the identical parties who made, executed, and delivered that certain deed (see attached deed exhibit and incorporate herein) to:__________________________________________ : it is asking for the seller/grantor. : So the buyer/grantee is not listed on the AOD, but is listed on the deed which is added as exhibit 1 to the AOD : : Is this correct? : Zachary Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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