Accept the Warranty Deed (with Certificate of Acceptance below).
For additional help, please fill in the form below. This is part of the Self-Help portion of Foreclosure Defense. See Foreclosure Defense for more tools and tips you can do in preparation for legal action.
See Lawchek.com for individual states.
A conveyance of real estate is a transfer of real estate from one person to another. A deed is one form of conveyance, transferring a title to real estate from one person to another. Title means ownership of real estate. The person transferring title is known as the “grantor” and the person receiving the title is known as the “grantee.” There are several types of deeds. One form of deed is a warranty deed. A warranty deed is a deed which warrants good and clear title to the real estate transferred. In many states, it often includes some or all of the following covenants: seisin, quiet enjoyment, right to convey, freedom from encumbrances and defense of title against all claims. Covenant of seisin is an agreement, contract, or promise that the grantor possesses a quantity and quality of land described in the deed or other conveyance. The covenant of quiet enjoyment is an agreement, contract or promise that the grantee to a deed or other conveyance will have the land in peace and without disturbance from other persons with hostile claims to the land. A covenant of right to convey is an agreement, contract or promise that the grantor has a right to transfer title to the land. The covenant against encumbrances is an agreement, contract, or promise that there are no encumbrances against the land described in the deed or conveyance. An encumbrance is a claim by another person against the land. One example of an encumbrance is a mortgage or other lien against the real estate. The covenant of defense of title against all other claims means that the grantor will defend the grantee should other persons or entities make hostile claim against the grantee’s title to real estate which arise from events occurring prior to the transfer of title.
A warranty deed must be in writing and must be signed by the grantor. It must be recorded to put third persons, such as creditors and subsequent purchasers, on notice as to the transfer.
All other warranties or covenants must be expressly stated to be included in the deed.
File an Acceptance of the Warranty Deed
CERTIFICATE OF ACKNOWLEDGMENT AND ACCEPTANCE
I, Name without last name family Last Name, the living man, and Name without last name family Last Name, the living woman, in the capacity of Entire Name exactly as listed on Warranty Deed including capitalization, am recorded as the Grantee on the Warranty Deed for that real estate described as
insert complete property description from warranty or deed here....
All that tract or parcel of land lying and being in Land Lot xxx of the xxx District of xxxxxx County, Georgia, being Lot xx, filed for record at Plat Book xx, Page xx ...
on the attached certified copy of said Warranty Deed.
It is my free will, act, and deed to Acknowledge my Acceptance of the Warranty Deed recorded in Plat Book , Page , Name of County County, State and the lawful ownership of the property under the terms of the Warranty Deed.
I ask that the record on file in the Office of the Superior Court Clerk, Name of County County, State, be updated to show my Acceptance of the Warranty Deed, and to show Entire Name exactly as listed on Warranty Deed including capitalization as the lawful owner of that real estate.
This my free will, act, and deed, under my hand and seal:
_______________________________ _________________________________
Third Party Witness Name without last name family Last Name
_______________________________ _________________________________
Third Party Witness Name without last name family Last Name
State of ___________ )
) S.S.
County of _________ )
ACKNOWLEDGMENT AND ACCEPTANCE
On this day of Month , in the year of 2012, before me ___________________________, a Notary Public, personally appeared Name without last name family Last Name, known or identified to me on the basis of satisfactory evidence to be the Living Man (and Living Woman, if applicable) whose name is subscribed to in the within instrument, first being duly sworn, acknowledged before me that he executed the same as his free will, act, and deed.
SEAL _______________________
Notary Public
My Commission Expires on _____________
Instructions:
