RobbRyder

Courtofrecord@aol.com

Lets see if we can make some lawfull sense of a Deed of Trust.. attached is a copy of a
deed of trust I found on line I have no idea if it is the same with yours..but based on
this one I make the following observations..
In the paragraph starting.. To protect the security of this deed of trust, Trustor Agrees:
By the execution and delivery of this Deed of Trust.
Now look at the bottom right hand corner a disclaimer

This instrument filed for record by Commonwealth Land Title

Corporation as an accommodation only. It has not been examined
as to the execution or to its effect upon the title
In my opinion the instrument was never executed and or delivered and as such can be
revoked by the grantor Sample found on line at the end of document. :
REVOCATION OF TRUST
If a deed, is a deed, is a deed, then the grantee has to accept and
acknowledge the deed and they have not it has not been delivered or
executed as stated above.. has not been examined as to the execution
In fact a different title company filed it for record (Commonwealth Land Title
Corportaion), than is listed as the Trustee (Orange Coast Title company).. so where is the
proof that it was ever executed or delivered?
I encourage other likeminded folks to look at your deed of trust does it have a
disclaimer like the one above? Did the grantee accept and acknowledge the deed? Is
there a witness statement that it was delivered.. ? Is the notary acting as an agent, if
so where is the corporate seal, or statement to that fact?
Let me know what you find RobbRyder..

Accommodation is a term used in United States contract law under

the Uniform Commercial Code to describe a delivery of nonconforming
goods meant as a partial performance of a contract for the sale of
goods, where a full performance is not possible. The accommodation
must be specified as such in a writing from the seller to the buyer. The
buyer may choose to reject or accept the nonconforming goods, but
cannot make a partial acceptance.
Goods are called non conforming goods when the delivered goods are
not the goods specified in the purchase contract.
a favor done without compensation (pay or consideration), such as a
signature guaranteeing payment of a debt, sometimes called an
accommodation endorsement. Such accommodation is not the
smartest business practice, since the holder of the note can go after
the accommodator rather than the debtor and will do so if the
accommodator has lots of money or is easier to locate than the debtor.
2) giving in to an adversary on a point to make a deal work
accommodation n. 1) a favor done without compensation (pay or consideration), such as a
signature guaranteeing payment of a debt, sometimes called an accommodation indorsement.
Such accommodation is not the smartest business practice, since the holder of the note can go
after the accommodator rather than the debtor and will do so if the accommodator has lots of
money or is easier to locate than the debtor. 2) giving in to an adversary on a point to make a
deal work

The real property law of the State of New York Being Chapter 50 of the consolidated
laws.
Passed February 17 1909, Chatter 53 Laws of 1909
Author Robert Ludlow Fowler
3rd Edition 1909
http://books.google.com/books?
id=5VIbAAAAYAAJ&pg=PA814&lpg=PA814&dq=execution+and+delivery+property+l
aw&source=bl&ots=IgQEfVWtS3&sig=bD6YfaB4d2LeCgeBJXF2lpQCnQ&hl=en#v=onepage&q=execution%20and%20delivery%20property
%20law&f=true

page 814 Conveyances and Mortgages

243 Grant of fee or freehold A grant in fee or of a freehold estate must be subscribed
by the person from whom the estate or interest conveyed is intended to pass or by his
lawful agent If not duly acknowledged before its delivery according to the provisions of

this chapter its execution and delivery must be attested by at least one witness or if
not so attested it does not take effect as against a subsequent purchaser or incumbrancer
until so acknowledged Notary did not do it as a representative of the title company.,
did not call themselves an agent.
Section 2c8 was formerly 1 Revised Statutes 738 section 137 I 137 Every grant in fee or
of a freehold estate shall be subscribed and sealed by the person from whom the
estate or interest conveyed is intended to pass or his lawful agent if not duly
acknowledged previous to its delivery according to the provisions of the third Chapter of
this Act its execution and delivery shall be attested by at least one witness or if not so
attested it shall not take effect as against a purchaser or incumbrancer until so
acknowledged 40
Requisites of a Grant in Fee A grant in fee or of an estate of freehold now requires a
writing 41 but this section no longer requires that such a grant be a deed or an instrument
under seal 42 At common law more attention was paid to the act of sealing than to the act
of signing and a deed unsigned but sealed was good 43 The Statute of Frauds
according to Blackstone first made signing essential to the validity of a conveyance
of a freehold inter vivos and this signature the Revised Statutes required to be
subscribed.
Subscribed: To write name at the end of a writing.
Both at common law and under the Revised Statutes a conveyance of a freehold
estate must be sealed to be effectual Sealing A statute of 1892 permitted a
substitutional or symbolic seal to be affixed to any deed of a private person The above
section of this act was intended to dispense with the necessity of sealing a grant of an
estate of freehold But it does not expressly abrogate other common law rules touching
the effect of sealing Nor does it contain any provision regulating the former law of
covenants running with the land when like provisions are now contained in a conveyance
not sealed
Attestation and Acknowledgment Neither attestation nor acknowledgment is necessary to
the validity of a conveyance inter partes but only to effectuate it as to subsequent
purchasers or incumbrancers 50
Proof of Delivery by Subscribing Witness This section provides that if a deed is not
duly acknowledged before its delivery its execution and delivery must be attested by at
least one witness or if not so attested it does not take effect as against a subsequent
purchaser or incumbrancer until so acknowledged

The reader will observe that execution is treated as separate from the
act of delivery This statute contains a very dangerous requirement for if
a subscribing witness forget the factum of delivery it seems that the

record of the deed so proved by him may fail as to subsequent

purchasers or incumbrancers 51
Proof of actual delivery of the deed is no doubt too much neglected by
conveyancers The witness often sees the subscription by the grantor sometimes the
ensealing which are the sum and substance of the legal term execution but the actual
delivery of the deed in his presence is either neglected or not sufficiently
emphasized to enable him if a question arises long subsequently as to the priority of a
deed proved by him to swear positively as to its delivery in his presence
Little Drum roll please:
Indeed the fact that a deed is signed by an attesting witness in the common form
prescribed by usage in this State generally negatives proof of its actual

delivery before the witness signed his name In the presence of AB is no proof that
AB saw the deed delivered 62
In this connection it may be said that an attestation by a subscribing witness where
a grantee does not acknowledge the execution before a notary to the effect that the
deed is signed sealed and delivered in the presence of the witness is a better formula
than simply in the presence of the witness But an independent superscription on the
deed itself in the old form usually employed on deeds of feoffment where the witness
attested to delivery of seisin is better still.
my words: The Grantee did not sign and seal the Deed of Trust, so there was no
execution or delivery.

It should state that the deed after it was signed and sealed by grantee was actually
delivered to the grantee in the presence of the subscribing witness This is certainly a
safe precaution when a grantor fails to duly acknowledge a deed and its validity depends
on its proof by a witness. Such was the ancient usage to prove delivery of seisin before
deeds were essential.
Effect of Sealing Not withstanding a conveyance of lands need no longer be sealed
conveyancers prefer to seal them so as not to experiment with established presumptions
and the law of covenants running with the land. The effect of a seal on the doctrine of
consideration is now slight for by statute a seal has become only presumptive evidence of
consideration which may be rebutted

And yet a seal is still regarded as imputing solemnity and even efficacy to an instrument
although not for the purposes of specific performance in equity . A recital of a seal is not
however even equal to a symbolical or substitutional seal . Formerly a seal on a deed
releasing a larger liquidated debt on part payment of the same operated to make the
discharge good and this is probably still the law although the statute making the
consideration of a sealed instrument rebuttable somewhat disturbs the principle that a
liquidated debt cannot be discharged by the payment of a part of it unless the release is
sealed. At common law an instrument under seal could be released only by an instrument
of as high a nature but at an early day this rule was much modified in this State. But even
now only parties to sealed instruments may sue or be sued on them (except in certain
cases where partners are dead or there is privity of estate or contract )62
The effect then of sealing a conveyance at the present day is to give it solemnity and to
preserve the learning of the law of covenants in connection with it for a covenant in law
is still a promise under seal That it is better to seal a conveyance is also apparent when
we consider the parties to a suit under it or the doctrines of consideration and the burden
of proof.
A conveyance now requires a consideration to support it and a seal remains prima facie or
presumptive evidence of consideration . Now prima facie evidence is often
insurmountable A further reference to the authorities on the antiquity and the law of
sealed instruments will be found in other treatises and this branch of the subject need not
be here repeated
Consideration While at common law a deed or an under seal always imported a sufficient
consideration in it was otherwise. To deeds operating by transmutation of possession a
consideration even after the Statute of Uses was unnecessary. But a bargain and sale and
covenant to stand seised after that statute as before it in courts of equity required a
consideration.

Bargain and sales operated by force of the of Uses and as before that statute equity would
not enforce bargain and sale without a consideration this notion was transplanted to the
common law courts after the Statute of Uses bargain and sale still requires a
consideration to support it and a covenant to stand seised is still supported only by a
consideration of blood or marriage 70 That the consideration should actually expressed in
the conveyance or deed was not at cemmon law and it is not now 71 But when sealed
such instruments are only prima facie founded on a sufficient consideration
The Anglo American or common law doctrine of consideration when applied to deeds of
conveyance is an obscure subject and in modern times somewhat dependent on the
growth of the doctrines concerning actionable contracts 73 Since the abolition of the

feudal system the tendency of the law is to regard a conveyance as a contract although
originally a conveyance was probably a branch of the law of status and not of the law of
contract.
Just as the r83 Prest Abst of Title TM Supra 426 under ancient conceptions of status are
subverted and the modern doctrines of contract elevated we are sure to find that the
doctrine of consideration grows. Thus in modern law it is probably better to adopt

Blackstone's notion though much controverted and assume that every deed requires
a consideration to support it. Such is the tendency of the cases cited above and

especially in equity for in that forum a reconveyance will even be

decreed if the consideration of a conveyance fail .
What is true of deeds is a fortiori true of conveyances not under seal for they are clearly
to be treated on the basis of contracts and therefore dependent for their enforcement on
the doctrine of consideration. Besides the modern conveyance referred to in this
section of this act is regarded as the equivalent of a bargain and sale which we have
seen always has required a consideration to support it 79 Fraud Avoiding Deed at Law
Deeds may be avoided at law for fraud in the consideration or for fraud in the execution
80 In equity the jurisdiction is even more extended.

(this section is on Mortgages)

Essentials to a Grant Inter Partes A grant must either be acknowledged before
delivery or its execution and delivery attested by one witness else it does
not take effect against a subsequent purchaser or incumbrancer But a grant may be good
inter partes without either an acknowledgment or an attestation Presumption of Seal.

My words: Where is the witness attesting to execution and

delivery?

]When a statute requires a deed to be sealed and recorded in order to operate as notice
and the record shows no seal it will be presumed in an action on the instrument at least in
the absence of proof to the contrary that the original deed was sealed In any event such
record operates as notice of assignment of an equitable title. (my words. Does not say
(seal) after Grantors name.. )

244 When grant takes effect. A grant takes effect so as to vest the estate or interest
intended to be conveyed only from its delivery and all the rules of law now in force in
respect to the delivery of deeds apply to grants hereafter executed
Grant At common law the term grant was usually confined to a charter made by the
sovereign or else to the conveyance of an incorporeal hereditament where livery of seisin
could not take place. An incorporeal hereditament was therefore said to lie in grant.

Grants like all other deeds had no effect without a delivery. As

the revisers applied the same principle to all conveyances of freeholds by acts of the
parties it seemed proper to call these conveyances grants. Grants were however regarded
by the revisers of New York as synonymous with deeds of conveyance of realty although
at the common law a deed did not ex vi termini import a deed of real property.
Delivery At common law a conveyance did not take effect from delivery of the charter or
deed but from the date of the livery of seisin. Since the Revised Statutes deeds of
conveyance or grants take effect only from delivery of the deed to the grantee or to
another for the use of such grantee.
Intent also enters into the solution of an issue of fact concerning a delivery But it is not
necessary that a delivery be evidenced in any particular manner. Where the delivery is to
a third person the assent of the grantee is presumed from the beneficial nature of the
grant. A delivery to a tenant for life is good as to remaindermen 1 Acceptance Acceptance
is as important as delivery to complete the transaction in law 2

Time for the big Drum Roll.

Delivery to a Third Person or Conditionally While deeds of conveyance may be
delivered to a third party in escrow they may not be delivered conditionally
to a party to the deed . A deed may be delivered to a third person in blank or to be
delivered to a corporation to be formed B or the deed may be so delivered to

take effect on the grantor's death or otherwise until which the

delivery is revocable by the grantor 8
Delivery of a deed to a recording officer is a good delivery if ratified by the party
benefited. Unless such delivery was contrary to the grantor's intention .
Presumption of Delivery When a grant is attested there is a presumption of its delivery a
and it is presumed to have been delivered its date unless the acknowledgment is
subsequent thereto when the date of the acknowledgment is to be presumed as
the date of its delivery.
ratified

adj 1: formally approved and invested with legal authority

Recording the deed furnishes presumptive evidence of delivery and of record by the
grantee. (rebut the presumption, where is the witness attesting to delivery).
Proof of Delivery When a deed is proved by a subscribing witness the importance of
actual delivery should be attested by the witness and carefully preserved.

REVOCATION. The act by which a person having authority, calls

back or annuls a power, gift, or benefit, which had been bestowed
upon another. For example, a testator may revoke his testament; a
constituent may revoke his letter of attorney; a grantor may revoke a
grant made by him, when he has reserved the power in the deed
Same process will apply to revoking the deed of trust known as the Vital
Record Birth Certificate not be confused with the COLB or Certified copy
of record of birth. More on that later

REVOCATION OF TRUST
This Revocation of Trust is made this _(1)_ day of ________(2)________,
19_(3)_.
WHEREAS, on the _(4)_ day of ________(2)________, 19_(3)_, I created by
written declaration of a revocable trust a copy of which is attached hereto, and
having reserved the right to revoke, annual and cancel said trust and the
declaration creating it, I do now hereby revoke said trust, with all of the principal
thereof reverting absolutely to me, with all right and title thereto. I further declare

the Trustee of said trust free and discharged from all further responsibility for the
administration and management of said trust and the principal thereof.
____________(7)_________________ ____________(8)_______________
Trustor
____________(7)_________________
STATE OF ________(9)___________)
) ss:
COUNTY OF _______(10)___________)
On this _(11)_ day of _______(12)________, 19_(13)_, before me personally
came and appeared _________(14)___________, known, and known to me, to
be the individuals described in and who executed the foregoing instrument, and
who duly acknowledged to me that they executed same for the purpose therein
contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_____________(15)______________
My Commission Expires: _________(16)___________