Accepting the Deed Acknowledgment Found Critical to Real Property Ownership Rights Private Foreclosure Research Notes
November 22, 2011 Business News(PRLEAP.COM) Think you have legitimate title rights to your land and property? Well think again that may not be "completely" true. This Research Expert investigation and originally private Help-To-Stop-Foreclosure.net communication reveals otherwise for most land/real property owners.
The simple truth can be found in the definition of "Deed. … At common law, a sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs…." Black's Law Dictionary, Sixth Edition, 1990, page 414.
According to Bouvier's Law Dictionary and the quoted case under the "To Record" definition "the act of recording was incomplete without a certificate of the acknowledgment,…."
So one must do a "Certificate of Acknowledgment" of acceptance of the deed contract in order for his or her interest in the property to be duly recorded and their ownership established.
Further, as Black's and Bouvier's Law Dictionaries defines them "Deed(s)" are "conveyancing, contracts…." Therefore, deeds at common law are bilateral "Contracts," that need to be accepted to be complete. Bet you did not know that.
Yes, a contract must be offered and accepted. If one never signed in acceptance and acknowledgment of the deed contract the contract is incomplete and his or her rights in the contract are not secured.
When people purchase land and real property and move in they are in physical possession of the land and property and have material possessory interest and rights but have not done what is sufficient to hold possession of the contractual transfer of title rights to ownership until they accept the contract. The Maxim of Law and principle is "He that gives never ceases to possess until he that receives begins to possess."
One completes possession of the (legal/equitable) title rights to ownership of the land and property by signing in acceptance and acknowledgment of the deed contract.
Deed contracts that are unduly, or de facto, recorded are not considered as giving proper notice.
To give proper due notice the deed instrument recorded must be such as is authorized to be duly recorded, and the registry of the instrument must have been made in compliance with the law and with regard to deeds that means the deed contract must be accepted by the grantee to be a completed contract.
This acceptance by the grantee is done and executed with a certificate of acknowledgment. Otherwise the registry of the deed conveying rights to the grantee who did not accept the contract can be treated as a mere nullity.
This is a reason why after a foreclosure during the eviction process when an unlawful detainer or eviction, with warrant to evict, case is filed the homeowner foreclosed on and now being evicted is referred to as a "tenant" and not as an owner or the like.
The eviction procedure is a summary process/proceeding not a full trial over title ownership because the homeowner never established a credible ownership claim since he, she or they did not accept the deed contract for ownership.
Therefore, the homeowner can be put out as a tenant when all the while the lender and State system previously referred to him or her or them as an owner (a falsehood) when in fact at this point it appears they were nothing more than what is equivalent to a tenant on their own land and a renter in their own house because they never properly accepted ownership rights in the deed contract.
This type of falsehood is what I have come to see often in different forms and refer to as "Lies By Redefinition."
In addition, the bank does not truly have ownership rights at all either because the bank has no deed put in its name in the mortgage/deed of trust conveyance transaction and that is a reason the bank has to buy the property back in a "Sheriff's Sale" or "Trustee's Sale."
So who does own the property truly?
In truth, the research yields that the majority of the time it is the County and/or State that owns or holds the property in trust when people register their property with the County, and people find the State/County court system usually seems to favor a creditor in a foreclosure matter, especially if a homeowner never secured rights to ownership by duly executing and accepting the deed contract.
So a homeowner has to get help to find out ways to turn this scenario around to have a good chance of winning in a foreclosure situation.
Special thanks to Robb Ryder for the initial research he did regarding deed acknowledgment.
In addition, deed acknowledgment is not superior to nor does it match at all a land patent update that can also be done, since deeds are still only color of law, or presumptive law.
However, deed acknowledgment can be useful and helpful to people for them to have more of a fighting chance against a foreclosing bank or it can be of use to those not in foreclosure that want to secure superior completed ownership rights above what they may have now.
This research is ongoing, so constructive comments, feedback and input are invited. To check out more on the original research notes, communiqué and documentation used for this research go to: Help-To-Stop-Foreclosure.net - Deed Certificate of Acknowledgment Research Notes.
For more information and to see if a certificate of acknowledgement of the deed can be useful to you and for help in correcting this acceptance oversight or help to stop foreclosure contact Guy Te Today! Go to Help-To-Stop-Foreclosure.net and fill out the contact form on the site or join up to make contact.