Posted by michaela-ATL on October 22, 2003 at 13:20:34:
kristine,
I spoke to the supervisor of indexing and she said, that I can handwrite on top "please also record under ‘John Doe’. It has to be ledgable.
She told me, that that goes for ‘notice’ or ‘affidavit’.
That’s different than the overal supervisor told me. I’m now using my affidavit form with ‘Notice of Purchase and sale of real estate’ on top. I also use the handwritten notation. Better safe than sorry
Michaela
Affidavits - Posted by michaela-ATL
Posted by michaela-ATL on October 03, 2003 at 11:45:21:
Several times when I got contracts on properties I filed affidavits to protect my interest.
Last year I filed one and the seller started getting squirrelly. I figured I’d jsut wait her out. Turns out she went ahead and sold to someone else, who again sold to someone else.
A fe days ago I checked the courthouse records and found out, that my affidavit (as well as others, that I had rush recorded) were only recorded under my name and not the seller’s or the company address.
Today I talked to the supervisor of the recording dept and he told me, that an affidavit is a ‘one person document’ and subsequently it would only be recorded under the filer’s name.
Is that correct? IF so, what good is it? I mean, if it doesn’t put a cloud on the title, then there’s no reason to file it, is there?
Michaela
Re: Affidavits - Posted by William Bronchick
Posted by William Bronchick on October 03, 2003 at 20:20:56:
If they record it under the affiant’s name, then you should have the seller sign the affidavit when he signs the purchase agreement. That way, you can record it and have it indexed under the seller’s name. The other alternative is simply to have the sales contract in recordable form and have the seller sign it before a notary. That way, you can record the contract itself.
want to add… - Posted by michaela-ATL
Posted by michaela-ATL on October 03, 2003 at 12:57:09:
the name of the document, that I’ve recorded is ‘Affidavit and memorandum of contract for purchase and sale’.
Michaela
Re: Affidavits - Posted by Michaela-ATL
Posted by Michaela-ATL on October 04, 2003 at 20:17:35:
Bill,
thank you for your response. John Merchant had a good suggestion: I will change the headline from 'Affidavit and…" to ‘Note of interest’. Having the sller signe the Affidavit is also a good alternative, but it would require going to a notary. Even though that’s not impossible it just makes it a little more inconvenient, but I will keep that as a backup plan.
Michaela
Re: want to add… - Posted by John Merchant
Posted by John Merchant on October 03, 2003 at 15:38:02:
I’d guess that your affidavit didn’t reference the legal description of the RE, so recorder maybe could not index it under that particular RE.
Further I suspect the law would have required it to be indexed under that RE, if the recorder had known how.
The only value of a Notice of Interest, which I think is what you mean (there are lots of kinds of affidavits, and an affidavit is only a sworn statement of some kind)is to put a title searching company on notice that the filer of the NOI has SOME kind of interest in that RE.
Re: want to add… - Posted by michaela-ATL
Posted by michaela-ATL on October 03, 2003 at 15:57:13:
John,
you’re right, I did not write the whole legal description, but I did write the parcel ID and the actual address of the property. I also wrote ethe seller’s name.
The way the supervisor explained it to me, though, it wouldn’t have mattered, if I had written the legal description, because they will only record it under the name of the person filing. That means, no title company could ever be expected to find it. Subsequently, there’s no cloud on the title and the document has no value.
Is it correct what the guy says? That an affidavit is a ‘One person document’ and the only way it is supposed to get recorded is under the filer’s name? That the name ‘Affidavit’ automatically means, that it will only be recorded one way.
I know other investors are using affidavits for that as well.
Michaela
Recording law - Posted by John Merchant
Posted by John Merchant on October 03, 2003 at 16:15:08:
Michaela
Affidavit is wrong term for what you’re talking about.
Affidavit is a term for ANY sworn statement, and that’s about the same as calling an SUV a vehicle…so’s a wheelbarrow, a kid’s little red wagon and a bike, but that really isn’t most precise or best term.
As for your particular issue, I’d suggest YOU get familiar with your state’s recording laws and see what & how the recorder MUST deal with and index recorded docs…it’s not really any kind of discretionary thing that recorder can decide, and it’s all set out clearly in state statutes.
Re: Recording law - Posted by michaela-ATL
Posted by michaela-ATL on October 03, 2003 at 16:28:17:
John,
thanks. yes, I will check it out locally. I’m jkust surprised, since everybody, that I know is using an ‘Affidavit and Memorandum’ to record their contracts (even Bill Bronchick has one on his website) and I’ve never heard of this problem from anyone. I have also sent an email to local investors to see what they’re saying.
Michaela
Re: Recording law - Posted by Kristine-CA
Posted by Kristine-CA on October 22, 2003 at 12:04:15:
Michaela: I’m wondering if you’ve gotten to the bottom of this recording affidavit mystery yet. Where I am the recorder will always index a grantor and grantee. Even on docs that don’t have grantors and grantees. So there are always two parties indexed. However, they won’t record just anything anymore.
What did you find out regarding an affidavit being indexed only under the affiant’s name?
Sincerely, Kristine