Beruflich Dokumente
Kultur Dokumente
v. 3.0
INTRODUCTION
This manual presents everything you need to know about formally accepting
your original grant deed by acknowledgement. It includes the rationale, legal
foundation and step by step instructions on how to acknowledge acceptance
of your deed and the options available for enforcing your action.
This manual is linked to resources in the ACCEPTING THE DEED PACKAGE
designed to assist you in carrying out this process. To preserve the resource
links in this manual, do not separate this manual or remove the resource
files from the package folder.
Acknowledging Acceptance of the Deed is part of a larger complete land
redemption process that includes effecting debt discharge and claiming the
benefits of your Land Patent. It is strongly recommended to execute these
processes together in their entirety to most fully establish the ownership
rights to your land. (Visit www.HisAdvocates.Org for further information.)
IMPORTANT: if your land has been collateralized against a mortgage or
deed of trust, it is usually necessary for you to satisfy or discharge the
mortgage for the acknowledged Acceptance of Deed to take full effect. The
best way to do this is through the Debt Discharge process together with the
filing of an Affidavit of Status and Affidavit of Secured Interest. (Consult
www.HisAdvocates.Org for details on these processes).
TABLE OF CONTENTS
LEGAL FOUNDATIONS
I. Acknowledging Acceptance of the Deed
A. Record of Ancient Practice
B. Legal Definitions
C. Legal Commentary
LEGAL FOUNDATIONS
I. Acknowledging Acceptance of the Deed
The legal foundation for formally acknowledging Acceptance of the Deed is
established by record of ancient practice, legal definition and legal
commentary that includes various state case law relating to recording and
assent to contract.
And Jeremiah said, The word of the LORD came to me, saying, 7 Behold,
Hanamel the son of Shallum your uncle will come to you, saying, Buy my
field which is in Anathoth, for the right of redemption is yours to
buy it. 8 Then Hanamel my uncles son came to me in the court of the
prison according to the word of the LORD, and said to me, Please buy my
field that is in Anathoth, which is in the country of Benjamin; for the right of
inheritance is yours, and the redemption yours; buy it for yourself. Then I
knew that this was the word of the LORD. 9 So I bought the field from
Hanamel, the son of my uncle who was in Anathoth, and weighed out to him
the moneyseventeen shekels of silver. 10 And I signed the deed and
sealed it, took witnesses, and weighed the money on the scales. 11 So I took
the purchase deed, both that which was sealed according to the law and
custom, and that which was open; 12 and I gave the purchase deed to Baruch
the son of Neriah, son of Mahseiah, in the presence of Hanamel my
uncles son, and in the presence of the witnesses who signed the purchase
deed, before all the Jews who sat in the court of the prison.
TheFreeDictionary.com
http://legal-dictionary.thefreedictionary.com/livery+of+seisin
livery of seisin
A ceremony performed in medieval England that effected the transfer of land
from one party to another.
Livery of seisin was the dominant method of transferring land in England
until 1536, and it continued to be legal until 1925. The term livery of
seisin means simply "transfer of possession": livery means "delivery" and is
from the Old French livrer, and seisin means "possession" and is from the
Old French saisiror seisir. The concept behind livery of seisin, therefore,
was the symbolic transfer of the possession of land. The entire ceremony of
transfer was called feoffment with livery of seisin, with feoffment meaning
"a gift," specifically a gift of a freehold interest in a parcel of land. The
transferor was the feoffor, the transferee was the feoffee, and the land
interest was the fief.
In the Middle Ages, a livery of seisin was essential to convey land from one
party to another; without it no real right to land could be transferred. When
performing the ceremony, the feoffor, the feoffee, and their witnesses
generally stood on the land itself, though it was permissible to stand within
view of the land if the feoffee made an actual entry to the land while the
feoffor was still alive. During the ceremony the feoffor spoke appropriate
words declaring the gift, and then handed the feoffee an object representing
that gift, such as dirt, turf, or a twig, or even a ring, a cross, or a knife. If a
house was being transferred, the ring of the door might be exchanged.
In addition to delivering possession of the land, the feoffor needed to vacate
the land. The feoffor's tenants and others living on the land were expelled,
along with their possessions. In some cases, the feoffor performed a
ceremony or gesture showing Abandonment of the land, such as by making a
sign with the hands, jumping over a hedge, or throwing a rod to the feoffee.
A livery of seisin was sometimes accompanied by a deed, or charter of
feoffment, written in Latin, which was used to call attention to the
conveyance of land. This was often the case when the transfer in question
had special political significance or when it involved complex boundaries. If
a charter of feoffment existed, it was read during the livery of seisin.
B. Legal Definitions
Bouviers Law Dictionary
DEED, conveyancing, contracts. A writing or instrument, under seal,
containing some contract or agreement, and which has been delivered by the
parties. Co. Litt. 171; 2 Bl. Com. 295; Shep. Touch. 50. This applies to all
instruments in writing, under seal, whether they relate to the conveyance of
lands, or to any other matter; a bond, a single bill, an agreement in writing,
or any other contract whatever, when reduced to writing, which writing is
sealed and delivered, is as much a deed as any conveyance of land. 2 Serg.
& Rawle, 504; 1 Mood. Cr, Cas. 57; 5 Dana, 365; 1 How. Miss. R. 154; 1
McMullan, 373. Signing is not necessary at common law to make a deed. 2
Ev. Poth. 165; 11 Co. Rep. 278 6 S. & R. 311.
TO RECORD, the act of making a record.
2. Sometimes questions arise as to when the act of recording is complete, as
in the following case. A deed of real estate was acknowledged before the
register of deeds and handed to him to be recorded, and at the same instant a
creditor of the grantor attached the real estate; in this case it was held the act
of recording was incomplete without a certificate of the acknowledgment,
and wanting that, the attaching creditor had the preference. 10 Pick. Rep. 72.
C. Legal Commentary
Commentaries on the Laws of England in Four Books. Vol. I
Sir William Blackstone
ed., George Sharswood,
Chief Justice of the Supreme Court of' Pennsylvania.
Philadelphia, 1893
pp.304-305
Sixthly, it is requisite that the party, whose deed it is, should seal, and now
in most cases I apprehend should sign it also. The use of seals, as a mark of
authenticity to letters and other instruments in writing, is extremely ancient.
We read of it among the Jews and Persians in the earliest and most sacred
records of history. And in the book of Jeremiah there is a very remarkable
instance, not only of an attestation by seal, but also of the other usual
formalities attending a Jewish purchase. In the civil law also, seals were the
evidence of truth, and were required, on the part of the witnesses at least, at
the attestation of every testament.
B. Legal Definitions
Bouviers Law Dictionary
RECORD, evidence. A written memorial made by a public officer
authorized by law to perform that function, and intended to serve as
evidence of something written, said, or done. 6 Call, 78; 1 Dana, 595.
2. Records may be divided into those which relate to the proceedings of
congress and the state legislatures - the courts of common law - the courts of
chancery - and those which are made so by statutory provisions.
3. - 1. Legislative acts. The acts of congress and of the several legislatures
are the highest kind of records. The printed journals of congress have been
so considered. 1 Whart. Dig. tit. Evidence, pl. 112 and see Dougl. 593;
Cowp. 17.
4. - 2. The proceedings of the courts of common law are records. But every
minute made by a clerk of a court for his own future guidance in making up
his record, is not a record. 4 Wash. C. C. Rep. 698.
5. - 3. Proceedings in courts of chancery are said not to be, strictly speaking,
records; but they are so considered. Gresley on Ev. 101.
6. - 4. The legislatures of the several states have made the enrollment of
certain deeds and other documents necessary in order to perpetuate the
memory of the facts they contain, and declared that the copies thus made
should have the effect of records.
7. By the constitution of the United States, art. 4. s. 1, it is declared that "full
faith and credit shall be given, in each state, to the public acts, records and
judicial proceedings of every other state; and the congress may, by general
laws, prescribe the manner in which such acts, records and proceedings shall
be proved, and the effect thereof." In pursuance of this power, congress have
passed several acts directing the manner of authenticating public records,
which will be found under the article Authentication.
8. Numerous decisions have been made under these acts, some of which are
here referred to. 7 Cranch, 471; 3 Wheat. 234; 4 Cowen, 292; 1 N. H. Rep.
242; 1 Ohio Reports, 264; 2 Verm. R. 263; 5 John. R. 37; 4 Conn. R. 380; 9
Mass 462; 10 Serg. & Rawle, 240; 1 Hall's N. York Rep. 155; 4 Dall. 412; 5
Serg. & Rawle, 523; 1 Pet. S. C. Rep. 352. Vide, generally, 18 Vin. Ab. 17;
1 Phil. Ev. 288; Bac. Ab. Amendment, &c., H; 1 Kent, Com. 260; Archb.
Civ. Pl. 395; Gresley on Ev. 99; Stark. Ev. Index, h. t.; Dane's Ab. Index, h.
t.; Co. Litt. 260; 10 Pick. R. 72; Bouv. Inst. Index, h. t.
C. Legal Commentary
States, 318 U.S. 363, 63 S.Ct. 573, 87 L.Ed. 838 (1943). Cf. United States v.
Yazell, 382 U.S. 341, 86 S.Ct. 500, 15 L.Ed.2d 404 (1966). In these
situations, resort to the useful authentication provisions of the Uniform
Commercial Code is provided for. While the phrasing is in terms of general
commercial law, in order to avoid the potential complication inherent in
borrowing local statutes, today one would have difficulty in determining the
general commercial law without referring to the Code. See Williams v.
Walker-Thomas-Furniture Co., 121 U.S.App.D.C. 315, 350 F.2d 445
(1965). Pertinent Code provisions are sections 1202, 3307, and 3510,
dealing with third-party documents, signatures on negotiable instruments,
protests, and statements of dishonor.
Paragraph (10). The paragraph continues in effect dispensations with
preliminary proof of genuineness provided in various Acts of Congress. See,
for example, 10 U.S.C. 936, signature, without seal, together with title,
prima facie evidence of authenticity of acts of certain military personnel who
are given notarial power; 15 U.S.C. 77f(a), signature on SEC registration
presumed genuine; 26 U.S.C. 6064, signature to tax return prima facie
genuine.
NOTES OF COMMITTEE ON THE JUDICIARY, HOUSE REPORT NO. 93650
Rule 902(8) as submitted by the Court referred to certificates of
acknowledgment under the hand and seal of a notary public or other
officer authorized by law to take acknowledgments. The Committee
amended the Rule to eliminate the requirement, believed to be inconsistent
with the law in some States, that a notary public must affix a seal to a
document acknowledged before him. As amended the Rule merely requires
that the document be executed in the manner prescribed by State law.
The Committee approved Rule 902(9) as submitted by the Court. With
respect to the meaning of the phrase general commercial law, the
Committee intends that the Uniform Commercial Code, which has been
adopted in virtually every State, will be followed generally, but that federal
commercial law will apply where federal commercial paper is involved. See
Clearfield Trust Co. v. United States, 318 U.S. 363 (1943). Further, in those
instances in which the issues are governed by Erie R. Co. v. Tompkins, 304
U.S. 64 (1938), State law will apply irrespective of whether it is the Uniform
Commercial Code.
PROCESS OUTLINE
A. Terminology
The following titles are most often used for a Deed Acceptance instrument:
Acceptance of Deed
Acknowledgment of Acceptance of Deed
Affidavit of Acceptance of Deed
Correction of Deed
Re-Recording of Deed
Check your state statutes or with your county recorder for the correct title for
an instrument that pertains to a modification of a deed. A title may not be
necessary. But where a title is used, in all cases it should refer to a Deed
with the objective of being recorded in the book of Deeds.
Acknowledgement or Affidavit?
In jurisdictions that offer resistance to recording an acknowledgment of
the acceptance, it may be necessary to call it an affidavit. The filing of an
affidavit cannot be refused:
B. Deed Authentication
NOTE: The deed always refers to the grant deed (warranty deed /
quitclaim deed) given to you by the seller. It is not the deed of trust
attached to your mortgage.
In almost all cases it will be necessary to attach a copy of the original deed
to the acknowledging instrument. The form in which the deed copy is
authenticated varies:
(SEAL)
C. Witnesses
If possible have three witnesses sign your Acknowledgement of Deed
Acceptance. This is regardless of whether they are required in your
jurisdiction. For Common Law purposes, it is important to have three
witnesses. Be sure that all signing takes place in the presence of the Notary.
Pointers
When using any of the templates in the resource folder, be sure to
change the gender to proper form in the paragraph of attestation of
Notary as witness
Use the current date when filling in the Day and Month on which you
are executing the document.
Have the Notary sign the signature line with blue ink, adding nothing
to the signature other than normal form of signing. No title!
The Notary enters signature and stamp for the Jurat in normal
location. (The Jurat is the name given to the clause at the foot of the
Acknowledgement showing when, where, and before whom the actual
oath was sworn or affirmation was made. See the previous example).
Be sure that the Notary stamp does not cover any part of your wet ink
signature. Your signature must be entirely unaltered, clear of all other
marks.
A. Single Authentication
The Authentication Certificate for the Notary will usually be obtained from
your County Court or from the Secretary of States office. (In an unusual
situation, as has been reported in Arizona, the Notary may maintain
possession of his/her current state Authentication Certificate and a
photocopy of it may suffice as witness.)
B. Double Authentication
If the Notary Authentication is obtained at the County Clerk level, and you
wish to further authenticate the document with an additional seal, you may
go to the next higher authority such as the Secretary of State to obtain the
EXHIBIT A
IX. Recording
You are now ready to record the entire Deed Acceptance package!
The documents in your package should be arranged in the following order:
Cover Sheet (as required or possible verifying all property and
real estate excise tax payments)
Acknowledgement of Deed Acceptance
Notary Acknowledgement (if separate page)
Notary Authentication (single or double)
Exhibit A cover page
Certified copy / Converted Original of Grant Deed
(Clerk Authentication(s) for Converted Original)
At the recorders office, proceed as follows:
Bring in two copies of your deed acceptance package. Have one
recorded. Have one stamped as filed and remaining stapled,
providing you an official copy of what you submitted to record,
especially should there be a time delay between your submittal
and your receiving back of the original.
Once recorded, obtain one or more certified copies of the
recorded package and keep for your records.
A. Unexpected Notices
Prepare to receive unexpected notices, including congratulatory
announcements to the effect that you are now the total and sole owner of
your property or that your lender(s) are no longer found as parties of interest
in your title.
Such notices may appear any time between a few days and several weeks
after your Acknowledgment is recorded.
PROTOCOLS
In the process of recording your Acknowledgement of Deed Acceptance
there are prudent pointers to observe. These measures will help avoid
unnecessary delay, questioning and stress over your documents that can lead
to rejection of your lawfull request.
1. Know your jurisdictions formatting requirements and have all of your
documents in order and conformity before you go to the recording office. Do
not try to assemble your documents at the recording office desk, leading to a
delay for those behind you in line.
2. Remember that as one of we the people, you are to be in command of
the recording process. Demonstrate confidence and certitude in your words
and manners. Even though recording clerks must follow certain procedures
by statute and regulation, they are ultimately the servants of the people. If
you demonstrate poise and command of presence, they will be more likely to
comply with your wishes as a sovereign. If you demonstrate ignorance and
helplessness, they will be more likely to treat you as a slave, dictate their
terms and ultimately reject your document.
3. Bring at least one witness of legal age with you. Two or three would be
better. Witnesses can help bolster confidence if you are timid. They can also
provide affidavits should that become necessary.
4. Approach clerks with respect in peace. Find ways to disarm them in
advance with pleasant chit-chat. Be patient and courteous throughout the
recording process. Confidence combined with an attitude of patient respect
and affability is a powerful combination in winning compliance.
5. Make NO attempt to explain your process to ANYONE at the recording
office, whether to a clerk or to a bystander.
6. If asked by a clerk why you want to record your Acknowledgement,
you can simply say you are doing this for a Modification. You do not have
to explain what kind of Modification. If they question your process,
documents, reason, say only that the people helping you with your
Modification say that you really need to do it. Defend no further beyond
this. According to Hale v. Henkel, it is ultimately not a clerks business to
ask why one wants to record an instrument.
1. Formatting Technicality
If your Acknowledgement is refused, it is first imperative to establish that
the refusal is not due to a formatting technicality, including the title of the
document or the absence of any tax stamp from the assessors office. Ask
the clerk if there is a formatting or procedural technicality that is out of
compliance. If the clerk confirms that this is so, ask what the technicality is
and go back and rectify the technical issue. If the clerk says s/he cannot
answer on the grounds that s/he cannot offer legal advice, ask the clerk to
direct you to the written source that will allow you to remedy the technical
issue, then remedy it.
[Important: you should already know in advance whether your document
must be titled as an affidavit to circumvent any other naming deficiency.]
If the clerk refuses to offer any further answer regarding the technicality
under the color of not offering legal advice, challenge the clerks assertion
that a formatting or administrative procedural technicality is a legal issue
and continue to request the technical remedy.
If the clerk still holds to the position that s/he cannot offer legal advice, or
if this is the clerks initial position because the clerk has confirmed it is not a
technicality or procedural issue, rebut with the assertion that neither then
may a clerk pass legal evaluation on your document and must record it
at your lawfull request.
At this point, you should also remind the clerk that s/he has taken an
oath to support the right of the people to complete property ownership,
to unimpaired contract, to due process of law, and to honor the full faith
and credit of public documents that conform to the standards for public
records outlined by Congress and the Federal Rules of Evidence.
Pointedly tell the clerk I accept your oath.
In Common Law, when the normal court of due process failed to provide
justice, relief for many unsettled civil and criminal claims was sought and
provided through the Court of Inquiry. Today, various courts in the
administrative court structure secretly function equally as a modern Court of
Inquiry.
It has been discovered that in many jurisdictions, the administrative Court of
Probate also functions as the Common Law Court of Inquiry. In early 2012,
one of the People in the Atlanta area successfully appealed the rejection of
his Acknowledgement to the Probate Court. The Probate Court enforced the
lawfull request for the recording of the Acknowledgment at the Registry of
Deeds.
If the previous strategies have still failed, seek to determine what
administrative court in your jurisdiction also functions as a Court of
Inquiry. (Begin with the Court of Probate.) Then make your appeal through
the Clerk of that court.
more the better. Offer the recording officer a final opportunity to comply
with your lawfull request to record your Acknowledgement, pending police
action and a Title 42 lawsuit.
If the recording agent continues to refuse to record the Acknowledgement,
call for the police to come to the office and serve a complaint on the
recording agent.
If the police fail to serve the complaint, collect their identities, name of
supervisor(s), badge numbers, remind them of their oath of office and notice
them of their subjection to a Title 42 action.
Have the witnesses write up affidavits of the entire proceedings. As well,
one or more may video the proceedings.