Digital Signature Legality for Warranty Deed in United Kingdom - Transforming Business Workflows

How to eSign a document: digital signature legality for Warranty Deed in United Kingdom

hey everybody this is Rob Reider Sunday I went and did a little research on a deeds of trust and by divine intervention came across this one and let's start with what is said in the lower right hand corner this instrument filed for record by a Commonwealth land title company as an accommodation only it has not been examined as to its execution or to its effect upon the title so they're not saying it's been executed it's very interesting when you talk about deeds as I'm about to show you but let's look at the rest of this thing real quick okay all right so here's a deed of trust short form looks like it has a recorded date up here and then if you remember at the bottom has had filed for recording it wasn't really recorded it was filed and I guess this is the file number and it was filed into a record that already exists so it wasn't recorded as a deed however that's what it calls itself and let's see what else we can see we got a title order number and an escrow number and then some standard verbage that Edith when was the trustor and Orange Coast title company is the trustee now Orange Coast title company isn't the company that had this file that was I could go back and look it was a different company and then some mortgage company is going to be the beneficiary and you know stop here if you want to pause it for a minute and read it all you're welcome to I've already read it so we come to the bottom and we see the Edith wind has sealed it signed sealed it subscribed it whatever it is and on the right-hand side and on the left-hand side we can see a certificate of acknowledgement that's done for Edith Winn so this notary is saying that Edith Wynne has done her thing and normally you would find a certificate of acknowledgement underneath the signature in this case it's in the left hand side in the area where the grantee should be seen but we can see there's no grantee nor is there any witness that the grantee has ever done anything with this well with that let's go look at an email that I sent out yesterday and we get back to the okay top page so I sent this out on Sunday the 27th of 2011 November 27 2011 and since I've added a little bit to it and I'll be sending this out as a separate package with the documents we're going to talk about to go along with this video let's see what this says so we're going to see if we make some lawful sense of the dita trust as you can see I'm not going to read the whole thing we're just going to kind of skim in the paragraph stating to protect the security the dita trust trust or agrees by the execution and delivery of this deed of trust however whose execution and delivery and have they done it and then remember what it said this instrument filed for record by comma well title corporation and as an accommodation only it has not been examined as to the execution or to its effect upon the title so in my opinion the instrument is never executed or delivered and as such can be revoked by the grantor and there's a sample of a revocation of trust at the end of this and then a deed of revocation that I came up with we'll talk about later now some of the brothers and sisters who have gone to accept their deeds or acknowledge their warranty deeds have been told that a deed is a deed as a deed well in that case and the grantee has to accept and acknowledge the deep and they have not it has not been delivered or executed as stated above has not been examined as to the execution in fact a different title company filed the record so Commonwealth title corporation filed the record and the listed one is the Orange Coast title company I may have that wrong I think Orange Coast Coast title corporation is correct now you go back look once a company el-amin's a corporation but where is the proof that it was ever executed or delivered and one so I said it was an accommodation well as a term used nice days contract law under the UCC statute law fiction to describe delivery or non-conforming goods meant as partial performance of a contract for the sale of goods where the full performance is not possible so for one reason for you know that full performance is impossible to do so they did a partial performance it's also a favor done without compensation such as a signature guaranteeing payment of a debt sometimes called an accomodation endorsement it's not a very smart business practice since the holder of the note can go to the accommodator rather than the debtor and will do so if the accommodator has lots of money or is easier to locate than the debtor so we don't necessarily knew where the mortgage company is anymore but we know who accommodated it a title company so we'll go talk to them okay and everything else after this most of it has come out of this book this is the Google book this will be a link that you can link to but it was called the real property law of the state of New York being chapter 50 the consolidated laws was passed February 17th 1909 chapter 53 laws in 1909 the author's Robert Lud well Fowler and was the third edition in 1909 and we started about page 8 14 which is conveyances and mortgages a grant of free freehold a grant and fee and freehold estate must be subscribed by the person whom the estate of interest is conveyed conveyed is intended to pass so the person that is intended to pass to must subscribe the grant it's not on there the notary did not represent isn't a represent of the company it did not call themselves an agent with the notary say really all the notary did on here is they're just acknowledging IVA thwen as the grantor or the trust or has nothing to do with the trustee or the beneficiary every grant and fee or envy hold estate must be subscribed and sealed by the person for whom the estate or interest conveyed is intended to past so they got to subscribe it which is sign at the bottom or they have to seal it again they're not on there anyplace the statute of frauds ing to Blackstone my hero mr. Blackstone kudos to you first made signing essential to the villa T of a conveyance of a freehold inter vivos well we're alive and we did this so it has to be the signing is essential under the statute of frauds because this particular part is statute law this is the fiction we're talking about this deed of trust is fiction in fact when you read that deed of trust closer it'll talk about a fictitious D to trust from 1961 or something like that subscribe to write name at the end of a writing again that's what the beneficiary is supposed to do or is agent and they haven't done it both the common law and under Revised Statutes the conveyance a freehold estate must be sealed to be effectual now they're saying that even under revised statute it must be sealed there is no seal for the beneficiary or the trustee attestation and acknowledgement neither attestation or not acknowledgement is necessary to the validity of a conveyance inter partes but only to effectuate it as to subsequent purchasers or incumbent sirs proof of delivery by subscribing witness this section provides that of a deed is not duly acknowledged before it is delivered its execution and delivery must be attested by at least one witness again there's no witness look at yours you find me a witness for the beneficiary the reader will observe that execution is treated as separate from active delivery this statute contains very dangerous requirement for if the subscribing witness forgot the factum of delivery it seems the record of the deed so proved by him may fail as to subsequent purchasers or encumbrances proof of actual delivery deed is no doubt too much neglected by conveyancers they're talking about you where is the proof of actual delivery they can't spell it out any clearer people the witness often seems sees the subscription of the Grand Tour sometimes the unsealing which are some and substance of the legal term execution but the actual delivering the deed in his presence is either neglected or not sufficiently emphasized to enable him in a question arises long subsequently as to the priority of the deed proved by him to swear positively as to its delivery in his presence and a little drumroll please indeed the fact that a deed assigned by an attesting witness in a common form prescribed in the usage of stead the states by usage in this state generally negative proof of its actual delivery before the witness signed his name so how could he how could he have given it to them and then he has to give it to him and then sign that he has that there again there's no proof of delivery in connection it may be said that none attestation by subscribing witness where a grantee does not acknowledge the execution before a notary to the effect the deed a signed sealed and delivered in the presence of the witness is a better formula than simply in the presence of the witness so in connection may be said that an attestation by subscriber witness for the grantee okay so there is no attestation there's no witness or test a ssin saying that they acknowledge this for the grantee it should be stated that a deed after it's signed and sealed by grantee was actually delivered to the grantee in the presence of subscribing witness this is certainly a safe precaution when a grantor fails to do League Knollys indeed and its validity depends on its proof by witness such as the agent uses approved delivery of session before deeds were essential now to me they're saying that even though it's the statutory deed it said I had to be sealed well for it to be a public record and for you to be liable number one not only did you need to have this certificate or yeah certificate of acknowledgement from this notary but you had to get the notary attested to just like we do for acknowledgments if we're going to acknowledge something we need to make sure that the person that is witnessing in this case gerard bachman has an oath on file and in california you would go to the County Recorder and ask them for it for this this guy wherever their oath is out of this guy's Los Angeles County you would go to Los Angeles County the county clerk and ask for a certificate of authority same in Michigan now some places if you're using a notary you have to go to the Secretary of State my point is this doesn't have a certificate of authority unless it's another page to this document that I don't have I only had the front page so look at yours and I'm quite sure you didn't do it so it didn't happen so you didn't do a lawful conveyance not effective sealing notwithstanding a conveyance of lands need no longer be sealed conveyancers prefer to see conveyancers prefer to seal them as to not to experiment with the essential presumptions of the law of covenants running with the land so apparently we have this covenant that runs with the land is part of our birth registration and it must say that conveyancers prefer to seal them as to not experiment with established presumption so they're presuming that whenever we use our signature it's actually our seal as the living man and that's part of the Covenant that runs with the land that's how you convey real property and Yetta a seal is still regarded as imputing Suliman solemn entity and efficiency to the instrument though not for the purposes of specific performance and equity a recital the seals not however equal to a symbolic or substitution seal formally a seal on a deed leasing a larger liquidated debt on part of payment of the same operator to make discharge good and it's probably still the law although the statutes making consideration of sealed instruments remodel somewhat disturbed ated that cannot be discharged by payment of a part of it unless the release is sealed a common law an instrument under seal could be released only by an instrument of a higher nature but an early day of this rule is much modified in the state but even now only parties to sealed instruments may sue or be sued on them okay online interest and stuff that doesn't have to do with the main point of what I'm trying to get to you know first they say that a seal isn't required in parts of this and other parts they say they do or that they are a conveyancer now requires a consideration to support it in a seal remains prime aphasias or presumptive evidence of consideration so there's two kinds of consideration valuable and good and good consideration is done by blood or affection has nothing to do with handing over any dollars or anything else is just by blood or affection so good conveyance is actually better than valuable conveying her good consideration is better than valuable consideration and since they're there saying that we've used our signature as a seal we've given good consideration consideration while a common-law deed or and under seal always imported a sufficient consideration in it was otherwise two deeds operating by a transmutation of possession a consideration even after statute uses was unnecessary but a bargain and sale and covenant to stand seized after the statute as before it in courts of equity required a consideration and we're going to find out that this is considered a bargain and sale bargain of sales operated by force of the of the uses and as before the statute equity would not enforce bargain to sale without consideration this notice was notion was transplanted to the common law courts after the statutes of uses bargain and sale still require a consideration to support it in a covenant to stand seized is still supported only by consideration of blood or marriage that the consideration should actually express in the conveyance of deed is not at common law and it is not now and it is not now sorry guys I'm having a hard time reading this when you translate this out of a book it doesn't put any of the punctuation in so but when sealed such instruments are only prima facie founded on sufficient consideration the anglo-american or common-law doctrine of consideration when applied to deeds and conveyance is an obscure subject in a modern time somewhat dependent on the growth of the doctrines concerning actual contracts since the abolition of feudal system the tendency of law is to regard conveyances as a contract though originally a conveyance was probably a branch a law status and not the law of contract which it was because only landowners could do deeds to convey land and that's what you are you're a landowner your body's land it's been registered but it's still land so let's see here under ancient conceptions of statute of status are subverted and the modern doctrine of contract elevated we are sure to find that the doctrine of consideration grows thus in modern law it is probably better to adopt Blackstone again who says that every D requires a consideration to support it such as the tendency of cases cited above and especially in equity for in that form I could reconveyance will even be decreed if the consideration of conveyance fails so where is their consideration for us they didn't seal anything there is no consideration had they put a seal that would be considered consideration but the only one who sealed it is the person that witnessed us not them what is true of deeds of conveyance not under seal for they are clearly to be treated on the basis of contracts and therefore dependent on the enforcement of the doctrine of consideration now remember deeds are used for two things conveyance as a land and contracts so when it's used as a contract which is what they're doing now this wasn't recorded as a deed it was recorded as filed with the deed and it's so it's really a contract nevertheless a deed is a deed is a deed and we're going to write ours as our free will act in deed so we're going to call ours a deed will continue on besides the modern conveyance referred to in this section of the Act is regarded as equivalent of a bargain and sale which we have seen all always has required a consideration to support it fraud avoiding deed at law deeds may be avoided at law for fraud in the consideration or for fraud in the execution in the equity the jurisdiction is even more extended in equity the jurisdiction even works and now all this is coming out of the section that's under mortgages a grant must be must either be acknowledged before delivery or its execution and delivery attested by one witness again they haven't done either so where is the witness attesting to the execution and delivery when statute requires a deed to be sealed and recorded in order to operate as notice and the record shows no seal will be presumed in an action of instrument at least in the absence of proof to the contrary that the original deed was sealed so until they're going to say by presumption that because it's recorded it's been sealed unless you bring in proof to the contrary and we'll do that when a grant takes a fact a grant takes effect so as to vest the estate or interest intended to being conveyed only from its delivery so it has to be delivered before the grant takes effect and it apparently it hasn't done that yet grants like all of the deeds had no effect without delivery and I'll just spell it out now stop there for a second if you want to read the whole thing and this isn't that book you know just go download the book and start reading since the Revised statute deeds of conveyances or grants take effect only from delivery of the deed to the grantee or to another for use of the grantee so since the Revised Statutes deeds of conveyance or grants take effect only from delivery of the deed to the grantee so again this is an accession book about conveyances and mortgages in it and we've done a grant that that those words are used in the deed of trust but until it's been delivered to the grantee which means he has to acknowledge the deed or a witness has to come forward and say that it's been executed and delivered and we have on our deed of trust that you know that was filed but they're not saying it's been executed so the big drum roll delivery to a third person again remember this is delivered to a trustee right we're doing a deed with a trustee for the benefit of somebody else delivery to a third person or conditionally while deeds events may be delivered to a third party in escrow they may not be delivered conditionally to be party to a deed they may not be delivered conditionally to a party to the deed the day the deed may be delivered to a third person in blank or to be delivered to a corporation to be formed or the deed may be so delivered to take effect on the grantors death or otherwise until which the delivery is revocable by the grantor so this shows that it went to an escrow there's the escrow number and we ain't dad and since it's gone to a third party and we're not dead the grantor can revoke the trust delivery of a deed to a recording office is good delivery if ratified by a party benefited unless such deed was contrary to the grantors intention well again it hasn't been ratified presumption of delivery when a grant is attested there is a presumption of its delivery and it's presumed that have been delivered in its state unless acknowledgement is subsequent there are two when the date of the acknowledgement is to be presumed as the data delivery so they've not acknowledged it it hasn't been delivered you put your paperwork in first you're first in line first in time first in time first in line ratified means formally approved and invested with legal authority so recording the deed furnishes presumptive evidence of a delivery and a record by the grantee so rebut the presumption where is the witness attesting to the delivery proof of delivery when a deed is proved by subscribing witness the importance of actual delivery should be attested by the witness and carefully preserved so they better have a record so since here it said until which delivery is revocable by grant oral what's revocation Bouvier's the act by which a person have an authority calls back and also power gift or benefit and so the same process will apply to revoking the deed of trust known as the vital record birth certificate and not to be confused with a certificate of live birth or the certified copy of record of birth these are all the same documents used for real property which is your body to what we're dealing with in real estate which is the public land and we have a land patent for our body we have a owner certificate of title and there's a deed of trust involved so there's a few things we need to do it more on that later but you know let's just do the real estate today because if you want to get your money out of the out of the escrow it may be possible so I found this online this is called a revocation a trust and I'll stop there for a second and let you all read it and if you want to use this you're going to stop the film or write it down go back and type it print it come back and look at it make your Corrections and then you'll own the words but this is what somebody came up with for revocation of trust and so you can see at the bottom here is the certificate of acknowledgement that you need to have done and any time you do a certificate of a knowledge 'men tighly recommend that whoever the officer is it does it for you that you go and get their certificate of authority to make it a public record so it has full proof evidence Full Faith and Credit of the Constitution article four section one so this was somebody else's idea here and this is how I would do it again I don't own any property so I don't know exactly how I do it I just started putting words on paper let's see what I came up with I'm going to call it a deed a revocation I want to call it a deed I want my recorded as a deed to common-law dude I'm going to have myself as a witness a notary as a witness and the notaries boss or the certificate of authority where it gives me that under their seal as a witness and this is kind of how I write so if you've not seen this before you may not be used to it so revocation of deed of trust by Grand Tour for lack of execution by beneficiary given the name robert allen by the father i am an immortal living soul created in his image here is one of his people a living man under the seal robert allen Rimouski and the lawful owner of the landed estate owned the land estate all camps my all-caps name and it's real property and interest so if you didn't know your first and middle are your given name they're given to you by the Creator they're a gift some people call them a Christian name any time you add your surname to that you've diminished the power of your given name the Creator gave you the name first in middle why are you adding to it and then I tell them that my seal is my signature Robert Allen brewski if I put that down that way that that's my seal and I'm the lawful owner of the land at a state mister all caps because it is a landed estate that was carved from the larger estate which is your body whether it's a drop of blood or whatever they did to create this lease that we gave them it's been done I accept the oath of all lawful officers and bind them to it and in return extend my sovereign immunity to carry out this lawful order so again I'm going to make this a public record Full Faith and Credit of the Constitution so I'm accepting the oaths of all lawful officers because oaths are written as common law dudes the Grand Tour was the man who took the office the grantee is the public but but if you haven't learned by now you must understand that the grantee must accept the deed for it to be lawfully executed so when you accept a lawful officers oath now they're bound to it otherwise they're not he's made the offer you have to accept it so asked so I'm using this lady's deed that I found online as how I would do this none of this is real this is just ideas right so as Trust or I seal daddy to trust naming Orange Coast title company as trustee and Pacific shores Realty mortgage incorporated as beneficiary on July 26 2005 witnessed by Gerald Bachmann a notary public the first page of the deed of trust and the signature page are included so I don't know how much your deed of trust you need to give them to get the information that they need the whole thing's already on file anyways in your case you are in your property you may just put the property and page number and they can go look at that if you want to attach the whole thing that that's up to you don't don't ask me you know go try it and tell me what works evidence has said DITA trust can be found in the County of Los Angeles registered deeds office filed for record 8 17 2005 file number that number by Commonwealth land title company further evidence is the title order number and the escrow number so you know really I'm just taking this information here the file date the file number the name of the company that asked for it to be filed and the name of the notary who witnessed my signature seal so under the lawful powers of the trust or Grand Tour of this modern statutory d2 trust i revoke said d2 Trust due to lack of execution and or delivery acknowledgment by the beneficiary or his agent the beneficiary sale acknowledged delivery of a deed of trust and until then the trust or has the power to revoke I have executed that power here now today therefore all rents issues profits and write and title that are the beneficial interest this deed of trust are to be immediately reverted absolutely to me in the name of my landed estate I further declare the trustees of said deed of trust free and discharged from any further responsibility administration and management of said duty trust and the principle there of my wish to revoke said deed of trust is now a matter of public record as my free will act indeed witnessed under my hand and seal and lawfully acknowledged and attested to with Full Faith and Credit guaranteed by article 4 section 1 of the United States of America Constitution I don't know what else you need to tell them so I'm going to sign off there I'm not going to tell them any more than I have to the more you write the more you can strain yourself but I'm telling them when I do this it's as my seal and here comes a certificate of acknowledgement right so now you're going to go to the notary there they're going to fill this out the state of Michigan the county of Kent on this whatever day it is of whatever and that thirteen should be out of there before me personally came and appeared whomever me and I would put my seal Robert Alan or loose key because that's my seal that way they don't have a problem with it it looks okay to them I've already told them what it means up ahead and it's not up for them to decide that's my free will Act indeed yada yada yada yada yada so you know they're going to witness it right and so you must get a certificate of authority for the notary to make this lawful public record act indeed then have this recorded with the Register of Deeds as a deed send a certified copy to all interested parties and of course you're going to remove this blue part from your document now I think that's how to do it I haven't really thought it all the way through but the rest of it is just out of law books saying what's going to happen so I really want to get this information out and let you sharp tanks figure it out what is the document we're going to use to quickly and immediately get back our interest that has gone into these deeds of trust because the grantee has never accepted the deed and until he does we have every right to revoke the deed it's in their law don't argue with it so listen I'm going to leave it there and get this thing done so it's not too long again my email is Court of record at aol.com cou RTO fre Co Rd at aol.com and I'm Rob Reider it's great talking to y'all let's go get them see ya