ESTOPPEL CERTIFICATE FORM OF INDIVIDUAL GIVING DEED IN LIEU OF FORECLOSURE
STATE OF ____________ )
COUNTY OF __________ )
_________________________ and ________________________ , husband and wife, being first duly sworn, each for himself and herself, deposes and says: That they are the identical parties who made, executed, and delivered that certain deed to ____________________ , dated the _____ day of ____________ , 20 _____ , conveying the following described property, to-wit:
That affiants now are, and at all times herein mentioned, were husband and wife;
That the aforesaid deed was intended to be and was an absolute conveyance of the title to said premises to the grantee named therein, and was not and is not now intended as a mortgage, trust conveyance, or security of any kind; that it was the intention of affiants as grantors in said deed to convey, and by said deed these affiants did convey to the grantee therein all their right, title, and interest absolutely in and to said premises; that possession of said premises has been surrendered to the grantee;
That in the execution and delivery of said deed affiants were not acting under any misapprehension as to the effect thereof, and acted freely and voluntarily and were not acting under coercion or duress;
That aforesaid deed was not given as a preference against any other creditors of the deponents or either of them; that at the time it was given there was no other person or persons, firms or corporation, other than the grantee therein named interested, either directly or indirectly in said premises; that these deponents are solvent and have no other creditors whose rights would be prejudiced by such conveyance, and that deponents are not obligated upon any bond or other mortgage whereby any lien has been created or exists against the premises described in said deed;
That the consideration for said deed was and is payment to affiants of the sum of $ _______________ by grantee and the full cancellation of all debts, obligations, costs, and charges secured by that certain mortgage heretofore existing on said property executed by __________________ , mortgagor, to __________________ , as mortgagee, dated the _____ day of ____________ , 20 _____ , and recorded in Book _____ of Official Records, Page _____ , _______________ County, State of ______________ , and the release of record of said mortgage; and that at the time of making said deed affiants believed and now believe that the aforesaid consideration therefor represents the fair market value of the property so deeded;
This affidavit is made for the protection and benefit of the grantee in said deed, his successors and assigns, and all other parties hereafter dealing with or who may acquire an interest in the property herein described;
That affiants, and each of them, will testify, declare, depose, or certify 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.
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