The Eight Principles of Acknowledgment

1. Personal Appearance - The signer appears in person before a notary public or other official who can take acknowledgments according to statute

2. Government Official - The notary public is a government official (not an entity) designated by law to take acknowledgments

3. Transaction Based - The signer's acknowledgment references a specific document that representing a real estate transaction

4. Identity - The signer proves she is the same person as signed the specific document

5. Capacity - The signer states the capacity in which she is signing - as an individual, corporate officer, etc.

6. Acceptance - The signer acknowledges that the signature on the specific document is hers

7. Intent - The signer acknowledges that she intended to sign the specific document

8. Non Duress - The signer acknowledges that she signed the specific document of her own free will

The following general information and steps are necessary
to transfer ownership of Real Estate (Land)

1. Deed must list the names of the seller (grantor) and the names and address of the buyer (grantee)

2. Deed must give an accurate description of the property

  • Regarding acreage, the description must contain the accurate measurements and directional bearings of all the property boundary lines
  • Regarding village, township, or city lots; these may be described by stating the name of the dedicated allotment, and the lot number

3. Deed must have acknowledged signatures of (grantors). State of Ohio requires no witnessess but must be acknowledged

4. Deed must state - "This instrument prepared by __" (name)

5. Deed is then taken to the county courthouse (tax-map dept.) and to Auditor's Transfer Dept. to be transferred on the official county records

6. Deed is then taken to the county Recorder's office to be photocopied, recorded, and become a permanent record of the county

Click here to view a Land Measure (Section of Land 640 acres)


Common Terms

Deed: A written document whereby title to real estate is conveyed by one party to another. There are several types of deeds

Warranty Deed: A deed certifying that the grantor has a good title in fee simple free and clear of all liens and encumbrances and that the grantor will defend against the claims of all persons

Quitclaim Deed: A deed by which some right, title, interest or claim of one person in real estate is release or conveyed to another person without making any warranty of good title

Fiduciary Deed: A deed given by the fiduciary to a purchaser of real estate from an estate, trust or guardianship

Sheriff's Deed: A deed given by the County Sheriff to the purchaser of real estate at a sheriff's sale

Certificate of Transfer:
The document whereby title to real estate to a decedent is transferred of record to the heirs or devisees of a decadent

Survivorship Deed: A deed conveying title to real estate into the names of two or more persons as joint tenants with rights of survivorship. Upon the death of one owner, the property passes to and vests in the name of the surviving owner or owners. This document may be a warranty deed, quitclaim deed, or fiduciary deed

Mortgage Deed: A deed conveying an interest in real estate as security for the payment of a debt that operates as a lien securing the payment of the debt. If the debt is not repaid in compliance with the terms of the mortgage, the mortgagee may foreclose on the property. If the debt is repaid, the mortgage becomes void

 

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