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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