Colorado estoppel affidavit by individuals giving deed in lieu of foreclosure form
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ESTOPPEL AFFIDAVIT
(By Individual s giving Deed -in-Lieu of foreclosure)
STATE OF COLORADO
COUNTY OF
PERSONA LLY appeared before me, the undersigned authority in and for said
county and state, ________________________________ (Names of Affiants) , who,
having been being first duty sworn by the undersigned Notary Public, each for himself
and herself, deposes and says:
1. ____________________________________ (Names of Debtors ), the Affiants
are the identical parties who made, execut ed, and delivered that certain D eed to
____________________________ (Name of Mortgagee) , date d the __ day of
_____ ____ _____, 20_ __ ___, conveying the following described property (the Property ),
to wit:
(Legal Description of Property)
______________________________________________________________________
____________________________________________________ __________________
______________________________________________________________________
______________________________________________________________________
2. That the aforesaid D eed is intended to be and is an absolute conveyance of the
title to said Property to ______________________ (Name of Mortgagee) , the G rantee
named therein, and was not and is not now intended as a deed of trust, mortgage , or
security of any kind .
3. That it was the intention of Affiants as G rantors in said Deed to convey, and by
said Deed these Affiants did convey to the said G rantee therein all their rights, title and
interest absolutely in and to said Property .
4. That possession of said Property has been surrendered to the said Grantee,
_________________________ (Name of Mortgagee) .
5. That in the executed and deli very of said D eed , A ffiants were not acting under
any misapprehension as to the effect thereof, and acted freely and voluntarily and were
not acting under coercion or duress;
6. That the consideration for said Deed was payment to Affiants of the sum of
$ , by G rantee, and the full cancellation of all debts, obligations, costs
and c harges secured by that certain Deed of T rust heretofore existing on said property
executed by _______________________________ (Names of Debtors) , Trustor s, to
_________________ (Name of Trustee) , as Trustee, for ________________________
(Name of Mortgagee) , as Beneficiary, dated the ___ ___ day of ______ __ ____,
20__ ___, and recorded as Instrument N o.______________ in Book __ Page
of the Official Records of the County Clerk and Recorder , in ________ County,
State of Colorado, and the reconveyance of said Pr operty under said Deed of Trust.
7. That at the time of making said Deed, A ffiants believed and now believe that the
aforesaid consideration therefor e re presents the fair value of the P roperty so deeded;
8. This affidavit is made for the protection and benefit of the Grantee in said D eed,
its successors and assigns, and all other parties hereafter dealing with or who may
acquire an interest in the P roperty herein described, (optional: and particularly for the
benefit of Title Company which is about to insure the title to
said property in reliance thereon, and any other title company which may hereafter
insure the title to said property );
9. That said Deed was not given as a preference against any other creditors of
Affiants, and they have no other creditors whose rights would be prejudice d by the
conveyance of the said Property.
10 . That A ffiants, 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.
___________________________________
(Printed Name of Affiant)
___________________________________
(Signature of Affiant)
___________________________________
(Printed Name of Affiant)
___________________________________
(Signature of Affiant)
SWORN to and subscribed before me, this the __ __ __ day of ___ ___________,
20____.
_____________________________
NOTARY PUBLIC
My Commission Expires:
___________________
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