When And How To Record Agreements.
I want to find out when and how to record the agreements for any deals I make with a motivated seller. Do we have to sign the documents in front of a notary public together or can I get the seller to sign the agreements and I then take the paperwork to the county court and have it notorized and recorded?
I ask because I am not familiar with the aspect of making deals, I am working on my first deal and I want to get everything done correctly.
The Notary must witness all signatures. If you are using a Affidavit And Memorandum, you can just use your signature, since it is your sworn testimony that you have a valid Contract.
[addsig]
I have a form called the Memorandum of Option, that can be recorded. Is this form the same as the Affidavit and Memorandum doc you were talking about?
If this is the case I get the seller to sign all the other documents and I then take my Memorandum of Option to get notorized and recorded right?
If not please explain your process?
Quote:
On 2006-12-15 16:02, LeaseOptionKing wrote:
The Notary must witness all signatures. If you are using a Affidavit And Memorandum, you can just use your signature, since it is your sworn testimony that you have a valid Contract.
Most likely not. Normally, the Memorandum Of Option must be signed by the Seller.
[addsig]
So how do I get my contracts notorized and recorded? I ask because my problem will be that of a scheduling conflict because I will be signing most of my deals in the evenings after I get off my full time job and court houses will be closed by then. I am just trying to find a way arround this problem.
When I get my contract notorized, is that act also the act of recording it or do I have to do something else to record it?
Also can I get a copy of your Affidavit And Memorandum doc
Correct. Banks do it as a courtesy for their customers if you have an account.
[addsig]
I dont mean to be asking the same questions but does the bank notary signes and then records it or they just notarize the documents afterwhich I have to take the documents to a court house to record?
You cannot stop paying rent just because the house is being foreclosed. You have obligations so honor them. If they have your last month and/or security address that with the rent office. But other than that, you are not entitled to withold the rent just beause you might have to move soon.
Not every property owner that receives stop foreclosure notices will end up in foreclosure.
Before you put your tenancy in jeopardy, I would suggest you find out if indeed there is a problem. Laws concerning landlord/tenant relationships are usually state/locality specific. Talk to the Property manager as you said. Also, talk to the owner, a Real Estate attorney, check the courthouse records for your address.
Don’t be Chicken Little, get the facts first and don’t rely on assumptions.
Best of luck and let us know what happens,
Jim
Thank you all on the helpful insights and I will contact my rental agency first thing in the morning. This is just so hard to believe that there could be a possible foreclosure on this home. We just moved in here a little over 5 months ago. Just here lately there have been several notices about foreclosure.
Once again we thank you all for you helpful tips, and I will make sure that I follow through before it is too late.
a1,
I also thought it was illegal to not allow easement for landlocked parcels. Try looking up some info online maybe in the FL statutes or state constitution. Good luck.
Although I am no longer familiar with the details Florida has a very specific statute regarding land locked parcels. I researched it a few years back for a specific deal I was working on (which I took a pass on over just this issue). About all I recall is that it was entirely possible to have a land-locked parcel in Florida and that there was no "easement by necessity"