Estoppel Affidavit - (By Individual giving Deed-in-Lieu of foreclosure) STATE OF ______________________ )
SS.
COUNTY OF____________________ )
_____________________________________________________________, 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_______________________________________ , date the day of _____________, conveying the following described property, to wit:
That affiants now are, and at all times herein mentioned, was an individual,
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That the aforesaid deed is intended to be and is 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 is/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 rights, title and interest absolutely in and to said premises; that possession of said premises has been surrendered to the grantee:
That in the executed 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 the consideration for said deed was/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 deed of trust heretofore existing on said property executed by , Trustor, to , as Trustee, for , as Beneficiary, dated the day of _____ , and recorded as Instrument No.______________ in Book Page of Official Records, in County, State of , and the reconveyance of said property under said deed of trust; That at the time of making said deed, affiants believed and now believe that the aforesaid consideration therefore represents the fair 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, 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;
That affiants, 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.
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