Business Hints for Men and WomenCalhoun, A. R. (Alfred Rochefort)
Science
Business Hints for Men and Women
Calhoun, A. R. (Alfred Rochefort)
Business; Commercial law -- United States
After a deed is properly drawn, it is ready to be signed, sealed,
and delivered to the grantee.
If the wife of the grantor is to sign, her name should follow that
of her husband.
If one or both cannot write, the signature can be made in this
way:
His
George X Jones.
Mark.
Witness..............
In some states one or more witnesses are required to the signature
of the grantor; in others, witnesses are not necessary, except
where a "mark" is made.
An important part of a deed is the Acknowledgment. This is the act
of acknowledging before a notary public, justice or other official
properly qualified to administer an oath, that the signatures are
genuine and made voluntarily.
The acknowledgment having been taken, the official stamps the
paper with his seal and signs it.
In some states the law requires that a wax or paper seal be
attached to the paper, while in others a circular scroll, made
with the pen, with the letters "L.S." in the center answer the
purpose.
When the foregoing essentials are complied with the deed must be
delivered to the grantee. The delivery is essential, for without
it the deed is of no value, even though every other requisite be
complied with.
A deed may be made for land on which full payment has already been
acknowledged, but if the grantor dies before the deed is
delivered, then the deed has no legal value.
A deed obtained by fraud, deceit or compulsion is void.
RECORDING DEEDS
As soon as possible after the grantee has received the deed, he
should have it recorded.
In every county in the different states there is an officer, known
as register or recorder, whose duty it is to enter in regular
folios, or books, a copy of every deed or mortgage presented to
him. The document then becomes a part of the county records.
The grantee must pay the recording fees.
Anyone, on paying the fee for copying and certifying, can obtain a
copy of any document that has been recorded in a register's
office.
If an original deed is lost, the certified copy of the register
has all the legality of the original.
All deeds and other papers of value should be carefully kept, so
that they may be available, if needed.
A small safe deposit box with a company that keeps such spaces for
rent, is often a wise investment.
Keep all related papers in one package or envelope.
If there is one lawyer who attends to all your legal business, he
will be a good custodian of all papers of record, for he usually
has a fireproof safe.
CHAPTER III
OTHER FORMS OF DEEDS--MORTGAGES
There is one condition under which the grantor does not turn over
or deliver the deed to the grantee after it is made. This is known
as a Deed in Escrow.
A deed "delivered in escrow" is when the document is placed with a
third party to be by him delivered to the grantee when a certain
time has elapsed or certain conditions have been fulfilled.
Public-domain text, read in full here on John Shaqi.
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