ACK

Acknowledgments

Many states require that a deed be properly acknowledged in order to be constructive (record) notice. If the deed is not constructive notice, a later lien or bankruptcy may have priority over the deed.

Requirement

ACKR01 STG

Defective Acknowledgment in Deed

The deed recorded ________________________ contains a defective acknowledgment because _________________.
The Company requires:
(a) That the deed be properly re-acknowledged and re-recorded, or
(b) That a new satisfactory deed be executed, properly acknowledged and recorded. The Company may then make additional requirements or exceptions.
Comment: Use this requirement if a deed in the chain of title contains a defective acknowledgment that has not been cured by lapse of the statutory time. If any intervening liens, bankruptcies, or transfers have been filed by or against the grantor, also require those matters to be satisfied or excepted.
That the deed be properly re-acknowledged and re-recorded, or
(b) That a new satisfactory deed be executed, properly acknowledged and recorded. The Company may then make additional requirements or exceptions.
clause b. Corrected affidavit of service must be obtained and properly filed by order of court, nunc pro tunc as of [fill in date].
clause b. Said defendant is the holder of a mortgage in the sum of $____________ made by [Name of mortgagor] to [Name of mortgagee], dated __________, recorded on ____________, in [Liber, Record Liber, Reel, etc.]______(M)p ___________. Company requires that said mortgage be satisfied and discharged of record.
 Amount:  $_____________,
 Perfected:  ___/___/____,
 Docketed: ___/___/____,
 Debtor:  _________________
 Creditor:  _________________,
 Attorney for Judgment Creditor ___________________.]
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________
No authorization accompanies such appearance and no affidavit of service appears in the record. A duly signed and acknowledged instrument must be obtained from said defendant authorizing the appearance of said attorney on the defendant’s behalf, and said authorization must be filed by order of the Court nunc pro tunc with the judgment roll. In lieu thereof:
Clause b. Mortgage in the sum of $_______ made by [Name] to [name] dated __________, recorded ________ in [Liber, Record Liber, Reel, etc.] _______ (M)p ________ held by said defendant must be satisfied and discharged of record.
 Amount:  $_____________,
 Perfected:  ___/___/____,
 Docketed: ___/___/____,
 Debtor:  _________________
 Creditor:  _________________,
 Attorney for Judgment Creditor ___________________.
 ______________ Court,
 ______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________
The record shows a notice of appearance for the United States of America by the United States Attorney, but no (complete) proof of service of the summons and complaint is on file. Proof of the service of the summons and complaint, personally on the United States Attorney for the district in which the property is situated and by registered mail to the Attorney General of the United States at Washington D. C. is required to be produced, examined and filed by order of Court nunc pro tunc with the judgment roll. In lieu thereof the item set forth in exception [either insert the exception number or set forth the item in full] must be otherwise disposed of.
______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The complaint does not state that the defendant is joined by reason of the item set forth as Exception [Set out the Exception number].
Use a. (Where order of reference not yet obtained) A supplemental summons and amended complaint should be issued and new service made of same in accordance with Federal Law, or [the exception raised as No. {set forth number} [or set out the item] must be otherwise disposed of.
 b. (Where action has passed the order of reference) The order of reference and all subsequent proceedings had in said action must be vacated, a supplemental summons and amended complaint issued and new service made thereof in accordance with Federal Law or [the exception raised as No. {set forth number} [or set out the item] must be otherwise disposed of.
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The complaint does not properly state the facts required for the purpose of barring [the item set forth herein as exception No. _______ or set forth the item]. The complaint must be amended to properly state the facts required or the item must be otherwise disposed of.
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The complaint does not properly state the facts required for the purpose of barring [the item set forth herein as exception No. _______ or set forth the item]. The complaint must be amended to properly state the facts required or the item must be otherwise disposed of.
 ______________ Court,
 ______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The complaint does not properly state the facts required for the purpose of barring [the item set forth herein as exception No. _______ or set forth the item]. The complaint must be amended to properly state the facts required or the item must be otherwise disposed of.
______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
Amount:  $_____________,

Perfected:  ___/___/____,
Docketed: ___/___/____,
Debtor:  _________________
Creditor:  _________________,
Attorney for Judgment Creditor ___________________.]

______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
The referee’s report of sale and the sale reported therein must be confirmed as provided in the military service laws.

______________ Court,
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________
to foreclose mortgage in (Liber) (Record Liber) (Reel) _____ (of Mortgages,) page _____.
 ______________ Court,
 ______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________.
Proof is required to show that an answer or notice of appearance was interposed by such defendant within the time period for filing the affidavit of service. If such proof is not obtained, said action was deemed dismissed as to such defendant(s) by reason of the application of CPLR §306-b, and the following will be required:

Use a. Said defendant held an interest in the fee and deed should be obtained from that defendant.

proper
clause b. Said defendant is the holder of a mortgage in the sum of $____________ made by [Name of mortgagor] to [Name of mortgagee], dated __________, recorded on ____________, in [Liber, Record Liber, Reel, etc.]______(M)p ___________, which mortgage must be satisfied and discharged of record.

 c. Said defendant is the holder of the following judgment affecting the title herein and such judgment must be either released as to the premises herein or satisfied of record in the County Clerk’s office; [Set up as follows:

Judgment in:  ________ Court, ________ County;
Amount:  $_____________,
Perfected:  ___/___/____,
Docketed: ___/___/____,
Debtor:  _________________
Creditor:  _________________,
Attorney for Judgment Creditor ___________________.]
______________ County;
Index No.: ______________
Plaintiff: ______________
Defendant: ______________
Summons & Complaint filed: __/__/__
Notice of Pendency Filed: __/__/__
Nature of Action: