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Plays the role of an estoppel

Posted by Ward-CA- on December 05, 2003 at 9:02 AM

In Reply to: Re: Use the Affidavit of Deed.... posted by Warren (So. Ca.) on December 05, 2003 at 8:27 AM

: Ward,
: Absolutely. I do rehabs for cash and find my Sub-2s are tempting to keep (for a while). My concern is only that my buyer down the road be able to get title insurance. Is an Affidavit of Deed much different from a Declaration of Deed of Declaraction of Conveyance? These three doc terms seem to be used interchangeably. And should I get the affidavit signed at the same time the sellers are signing the deed, or will title probably want to see an updated one at the time of resale? Also, since my title is taken in a land trust, is there a possibility that my buyer's title company won't consider my purchase a break in the insured chain?

=?=?=?=?=?=?=?=?=?=?=

Warren,

Title companies like to see the Affidavit of Deed signed and notarized some time after you have recorded your deed from your Seller. Even a week later is better than a contemporaneous signing of the deed and Affidavit of Deed.

There won't be a break in the chain of title just because you used a title holding trust when you bought the property. The title company's main concern will be that you didn't take title in an insured transaction. So they will give your recorded documents emanating from that transaction a very careful inspection.



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