Ensuring the Legality of Digital Signatures for Affidavit of Title in India

How to eSign a document: digital signature lawfulness for Affidavit of Title in India

(00:03): Hi everyone. And welcome to another episode of ask the attorney. My name is Blair Clark and I am here with Mr. David Sobel. David, how are you doing? (00:12): I'm good. I like your hand motion. (00:15): These are my spirit fingers. If anybody ever watched any cheerleading movie from the early two thousands when I was in high school and watched those kinds of movies, that's where this comes from. Anyway. Anyway, we are on the second part of a two part series. If you have not seen the first part, go back and watch that video. We are answering questions regarding fisbos for sale by owners homes that you are selling by yourself without representation from a licensed realtor agent. So whether you are selling your home as just a general home seller, or you are also a real estate investor, then stay tuned to these next four questions that we're going to ask. And then also watch that first video that we have with the first four set, because we're, we, we are gearing it toward a couple who is selling their home. (01:14): They sent in a set of eight questions into David's office. And so we broke those eight questions up into two videos of four, but on the first section, I am a real estate investor. David is as well. I went off on a lot of rabbit trails that pertain to real estate investing. So it really pertains, it really pertains to both, both those both those categories, home seller, and then also investor. But before we launch into the content, I want to give people an opportunity to get your contact information, David, if they have any questions on real estate finance contracts even estate planning, et cetera, anything that's tied to real estate law, how can they get ahold of it? (02:00): Well, pretty easy. A triple eight, triple eight, seven eight nine one seven one five, which is my phone our office phone. Another way to get in touch with us is just go to proven resource.com or you can type in Sobo law firm.com into the URL. You can also go to YouTube, just type my name. Soulful is sob L E. And I'm trying to think what else. I mean, I have the one thing that we're really very busy with, I mean, every day we see people download our app and you just type the word proven you text proven into the number three six, two six zero. And we have like every day, at least like 25 30 people are downloading that app. It's crazy. So that's a very big, yeah. (02:50): Yeah. I have, I have David's left in his, in his, my link. It is my link to David when I've got, when I need to talk him on the phone, which is, which is rare, but every now and then every now and then that's how, that's how you get on David's calendar or that's one of the ways anyway, (03:09): Schedule, right? You don't have to wait too long blur, but we are highly scheduled. So we do have a calendar. Right. But, but yeah triple eight, seven eight nine one seven one five is the easiest way or proven text proven two, three, six, two six zero. (03:24): Okay. All right. Well, let's launch into the second set of questions. The first set of questions we dealt with so I said it is a couple who is selling their home. They want to sell it by owner, the first set of questions they asked, what were in regard to purchase agreements, closing statements, real estate, deeds, and bills of sale. So the second set of questions we're going to launch into the first one, which has to do with the affidavit of title would we ever need to have an affidavit of title filed? And so I'm just asking these questions to David as the couple has written them themselves. So that's the first question tonight, affidavit of title, would we ever need to have an affidavit of title file? Right. (04:12): So an affidavit of title you know, when you go to a closing at a title company, there is like an AF I don't know if they call an affidavit title, but they do have an affidavit that basically has the owner who's conveying the property kind of swear off and say things such as look, we don't know of any lanes that are about to be filed against this property. Look, we're not involved with the lawsuit, you know they're disclaiming all these things. It's almost like a disclosure that they have not done anything to impair the title of the property during this time that the property is closing. And during the time that let's say what we call the recording of these documents the timeline and how that occurs. And so what I mean by that is there's a gap, right? (05:05): Have you ever heard of the like gap insurance when the title company closes their title company, they'll run it up. The title the search up to usually the, the day, not at the day of the closing, but the most recent recordings that a County has in their system. So a County may be right now with other reifies depending on the County, like Wayne County is usually slower than let's say Oakland County or like a Northern County might, might be very slow because especially during COVID, they may only record once a month. So there's this timeframe that there's a gap that nobody can really see what's going on with the title. Okay. So the affidavit of title, one of the, these affidavits basically says to the title company, the seller is swearing that they've done nothing to the property either by way of title by, by way of encumbering, the title that would affect the sale of the property affect the first lien on the property affect the buyer's interest in the property affect the marketability of the property. Okay. So that's what an affidavit, a title actually is in general, it's just a sworn statement saying that people have done everything on the up and up, and they haven't conveyed the property to somebody else. But it's usually taken care of in the Asheville title, closing package. (06:31): So that would be something, the title company is going to address that (06:36): They're asking like, should we do it upfront? Now, if there's something there that they're aware of, like litigation or something like that, I don't think they need to do an affidavit it's titled because Ashley, within the seller's disclosure statement, there'll be stuff that asks related to legal, any pending legal actions. Okay. So yeah, I don't think it's necessary. It's title company takes care of it these days. (07:01): Okay.