ESTOPPEL AFFIDAVIT
(By Individual giving Deed-in-Lieu of Foreclosure)
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
, being first duly sworn, each for himself and herself, deposes and says:
That the undersigned are the identical parties who made, executed, and delivered that certain deed to , dated the day of ___, conveying the following described property:
See Exhibit “A” is attached hereto and made a part hereof
That affiants now are, and at all times herein mentioned, was an individual,
That the aforesaid deed is intended to be and is an unconditional, absolute conveyance of the title to the described property to the grantee named therein, and was not and is not now intended as a mortgage, trust conveyance, or security of any kind; That is/was the intention of affiants as grantors in said deed to convey, and by said deed these affiants did convey to the grantee therein all their rights, title and interest absolutely in and to said premises; that possession of said premises has been surrendered to the grantee;
That in the executed and delivery of said deed affiants were not acting under any misapprehension as to the effect thereof, and acted freely and voluntarily and were not acting under coercion or duress;
That the consideration for said deed was/is payment to affiants of the sum of $ , by grantee, and the full cancellation of all debts, obligations, costs and charges secured by that certain deed of trust heretofore existing on said property executed by , Trustor, to , as Trustee, for
, as Beneficiary, dated the day of and recorded ____________________as Instrument No.______________, Official Records, in County, State of , and the reconveyance of said property under said deed of trust; That at the time of making said deed, affiants believed and now believe that the aforesaid consideration therefor represents the fair value of the property so deeded;
This affidavit is made for the protection and benefit of the grantee in said deed, his successors and assigns, and all other parties hereafter dealing with or who may acquire an interest in the property herein described, and particularly for the benefit of (Title Agent and Title Insurance Company name) which is about to process and insure the title to said property in reliance thereon, and any other title company which may hereafter insure the title to said property;
That affiants, and each of them will testify, declare, depose or certify under penalty of perjury before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of the particular facts hereinabove set forth.
That affiants, and each of them will testify, declare, depose or certify under penalty of perjury before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of the particular facts hereinabove set forth.
[Notary Acknowledgment on Following Page]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
State of California )
) SS.
County of __________)
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
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Notary Signature
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