61
ACCEPTANCE OF THE DEED MANUAL v. 3.0 INTRODUCTION This manual presents everything you need to know about formally accepting your original grant deed by acknowledgement. It includes the rationale, legal foundation and step by step instructions on how to acknowledge acceptance of your deed and the options available for enforcing your action. This manual is linked to resources in the ACCEPTING THE DEED PACKAGE designed to assist you in carrying out this process. To preserve the resource links in this manual, do not separate this manual or remove the resource files from the package folder. Acknowledging Acceptance of the Deed is part of a larger complete land redemption process that includes effecting debt discharge and claiming the benefits of your Land Patent. It is strongly recommended to execute these processes together in their entirety to most fully establish the ownership rights to your land. (Visit www.HisAdvocates.Org for further information.) IMPORTANT: if your land has been collateralized against a mortgage or deed of trust, it is usually necessary for you to satisfy or discharge the mortgage for the acknowledged Acceptance of Deed to take full effect. The best way to do this is through the Debt Discharge process together with the filing of an Affidavit of Status and Affidavit of Secured Interest. (Consult www.HisAdvocates.Org for details on these processes).

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Page 1: Acceptance of the Deed-process Manual v 3.0

ACCEPTANCE OF THE DEED MANUAL

v 30

INTRODUCTION

This manual presents everything you need to know about formally accepting

your original grant deed by acknowledgement It includes the rationale legal

foundation and step by step instructions on how to acknowledge acceptance

of your deed and the options available for enforcing your action

This manual is linked to resources in the ACCEPTING THE DEED PACKAGE

designed to assist you in carrying out this process To preserve the resource

links in this manual do not separate this manual or remove the resource

files from the package folder

Acknowledging Acceptance of the Deed is part of a larger complete land

redemption process that includes effecting debt discharge and claiming the

benefits of your Land Patent It is strongly recommended to execute these

processes together in their entirety to most fully establish the ownership

rights to your land (Visit wwwHisAdvocatesOrg for further information)

IMPORTANT if your land has been collateralized against a mortgage or

deed of trust it is usually necessary for you to satisfy or discharge the

mortgage for the acknowledged Acceptance of Deed to take full effect The

best way to do this is through the Debt Discharge process together with the

filing of an Affidavit of Status and Affidavit of Secured Interest (Consult

wwwHisAdvocatesOrg for details on these processes)

Why Acknowledge ldquoAccepting the Deedrdquo

The conveying of land from a Grantor to a Grantee via a deed is rooted in

Biblical antiquity and the concept of Common Law contract In ancient

times of conveyance a Granteersquos formal Acknowledgement of Accepting

the Deed consummated the contract

Though the use of deeds dates from Biblical times deeds were not always

used to carry out a land conveyance During the English Middle Ages when

writing was uncommon land was conveyed through a ceremony known as

livery of seisin (lit ldquotransfer of possessionrdquo) At the ceremony the Grantor

would give a symbolic gift of something related to the land such as a tuft of

grass to the Grantee The personal delivery to the Grantee and the Granteersquos

acceptance of the Grantorrsquos gift consummated the transaction It evidenced

both the Granteersquos possession and the Grantorrsquos abandonment of the land

In time deeds came to be used as part of the livery of seisin giving evidence

that a contract had been completed Eventually conveying of deeds replaced

the ceremony where the language of the livery of seisin was instead written

into the deeds

As English history progressed the Common Law came to view delivery of

the deed to the Grantee as sufficient evidence of the Granteersquos acceptance of

the contract including the Grantorrsquos abandonment of the estate This became

settled legal presumption

But as the Western judicial system has migrated from Common Law to an

administrative law venue the Granteersquos right of ownership through implicit

acceptance via delivery alone has been steadily eroded Administrative

government has availed itself of the absence of a Granteersquos seal to

presumptively act as a ldquoholder in trustrdquo of private land and to treat Grantees

as mere feudal tenants (serfs) on their land rather than as true owners in fee

simple as was granted to the people after the Magna Carta Said differently

administrative law has replaced the Common Law presumption of Grantee

ownership with its own presumption of governmental trusteeship

Because of this a Granteersquos formal Acknowledgement of Deed Acceptance

is necessary to establish unrebuttable Grantee ownership of the land via clear

sealed witness to the Granteersquos consent under the law of contract Without

formal sealed acceptance the legal presumption of Deed Acceptance in the

modern administrative court system is rebuttable and open to legal

challenge

Until a Grantee formally accepts a deed by seal land ownership remains

subject to an administratively interpretable legal void supporting a

presumption of total land abeyance (ldquoabandonmentrdquo) Under such

presumption Grantee ownership may be challenged by lien and Grantee

obligations otherwise unrelated to the land Grantee ownership may also be

challenged by previous creditors of the Grantor It has been further

demonstrated that property taxation is related to a legally presumed state of

ownership abeyance on which basis government presumes to function as

undeclared holder in trust of the land

A Granteersquos formal Acknowledgment of Deed Acceptance can also directly

affect the Title It theoretically can and has been known in fact to revert the

chain of title back to the time of the original execution of the Deed by the

Grantormdashremoving all other liens including mortgages against the Title

from that time to the acceptance It has been particularly proven that when

such Acknowledgment occurs in conjunction with payment of a real estate

excise tax lenders may be retroactively cleared from the Title

In sum a Granteersquos formal Acceptance by Acknowledgement denies any

legal ldquowiggle roomrdquo for counterclaims to ownership liens by past creditors

and attempted foreclosure based in liens for nonpayment of taxes or other

obligations against which the Grantee has not offered the property as

collateral Even where the property has been offered as collateral for a loan

formal Deed Acceptance has sometimes been proven capable of removing

lenders from Title as well as removing property from municipal tax rolls

DISCLAIMER THE POSSIBLE REMOVAL OF A LENDER FROM

TITLE VIA FORMAL ACCEPTANCE OF THE DEED DOES NOT

GUARANTEE A LENDERrsquoS ACQUIESCENCE TO SATISFACTION OF

THE MORTGAGE A lender may counter sue for fraud Or a lender may

still sue for satisfaction of the mortgage even if the lenderrsquos removal from

Title may impede the lenderrsquos ability to foreclose Acceptance of the Deed is

not a stand-alone substitute for formal discharge of a mortgage

But where a debt discharge process revocation of deed of trust andor any

other process has been effected to satisfy discharge or prove the fraudulence

of the mortgage formal Grantee Acceptance of the Deed works in tandem

with such processes to create a double wall of defense against the possibility

of foreclosure by an alleged ldquolenderrdquo who rejects the discharge

TABLE OF CONTENTS

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

A Record of Ancient Practice

B Legal Definitions

C Legal Commentary

II The Right to Record Acknowledgement of Deed Acceptance

A Constitution of the United States

B Legal Definitions

C Legal Commentary

D Federal Rules of Evidence

PROCESS OUTLINE

I Substance and Format

A Terminology

B Deed Authentication

C Document Format and Presentation

D Tax Payment Verification

II Writing the Acknowledgement of Acceptance

III Sign and Seal

A Sign Your Document

B Seal Your Document

C Witnesses

IV Obtain Notary Acknowledgement

Pointers

V Obtain Authentication Certificate for the Notary

A Single Authentication

B Double Authentication

VI Obtain Certified Copy of Grant Deed

VII Obtain (as required) a New Original Deed by Conversion

- Obtain Authentication Certificate of Certifying Clerk

VIII Inserting the Exhibit Page

IX Recording

X Verifying Title Status

A Unexpected Notices

B Conduct a New Title Search

PROTOCOLS

ENFORCEMENT STRATEGIES amp MEASURES

1 Formatting Technicality

2 Appeal to the Clerkrsquos Superior

3 File by Certified Mail

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

5 Exhausting Administrative Remedy

6 Appeal to the Equivalent of the Court of Inquiry

7 Send a Lawful Notification Letter to the Recorder Registrar

Clerk of Court

8 Final In-Person Submission

9 Serving a Title 42 Action

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

The legal foundation for formally acknowledging Acceptance of the Deed is

established by record of ancient practice legal definition and legal

commentary that includes various state case law relating to recording and

assent to contract

A Record of Ancient Practice

Holy Bible

Jeremiah 326-12 (New King James Version)

6 And Jeremiah said ldquoThe word of the LORD came to me saying

7 lsquoBehold

Hanamel the son of Shallum your uncle will come to you saying ldquoBuy my

field which is in Anathoth for the right of redemption is yours to

buy itrdquorsquo 8 Then Hanamel my unclersquos son came to me in the court of the

prison according to the word of the LORD and said to me lsquoPlease buy my

field that is in Anathoth which is in the country of Benjamin for the right of

inheritance is yours and the redemption yours buy it for yourselfrsquo Then I

knew that this was the word of the LORD 9 So I bought the field from

Hanamel the son of my uncle who was in Anathoth and weighed out to him

the moneymdashseventeen shekels of silver 10

And I signed the deed and

sealed it took witnesses and weighed the money on the scales 11

So I took

the purchase deed both that which was sealed according to the law and

custom and that which was open 12

and I gave the purchase deed to Baruch

the son of Neriah son of Mahseiah in the presence of Hanamel my

unclersquos son and in the presence of the witnesses who signed the purchase

deed before all the Jews who sat in the court of the prison

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 2: Acceptance of the Deed-process Manual v 3.0

Why Acknowledge ldquoAccepting the Deedrdquo

The conveying of land from a Grantor to a Grantee via a deed is rooted in

Biblical antiquity and the concept of Common Law contract In ancient

times of conveyance a Granteersquos formal Acknowledgement of Accepting

the Deed consummated the contract

Though the use of deeds dates from Biblical times deeds were not always

used to carry out a land conveyance During the English Middle Ages when

writing was uncommon land was conveyed through a ceremony known as

livery of seisin (lit ldquotransfer of possessionrdquo) At the ceremony the Grantor

would give a symbolic gift of something related to the land such as a tuft of

grass to the Grantee The personal delivery to the Grantee and the Granteersquos

acceptance of the Grantorrsquos gift consummated the transaction It evidenced

both the Granteersquos possession and the Grantorrsquos abandonment of the land

In time deeds came to be used as part of the livery of seisin giving evidence

that a contract had been completed Eventually conveying of deeds replaced

the ceremony where the language of the livery of seisin was instead written

into the deeds

As English history progressed the Common Law came to view delivery of

the deed to the Grantee as sufficient evidence of the Granteersquos acceptance of

the contract including the Grantorrsquos abandonment of the estate This became

settled legal presumption

But as the Western judicial system has migrated from Common Law to an

administrative law venue the Granteersquos right of ownership through implicit

acceptance via delivery alone has been steadily eroded Administrative

government has availed itself of the absence of a Granteersquos seal to

presumptively act as a ldquoholder in trustrdquo of private land and to treat Grantees

as mere feudal tenants (serfs) on their land rather than as true owners in fee

simple as was granted to the people after the Magna Carta Said differently

administrative law has replaced the Common Law presumption of Grantee

ownership with its own presumption of governmental trusteeship

Because of this a Granteersquos formal Acknowledgement of Deed Acceptance

is necessary to establish unrebuttable Grantee ownership of the land via clear

sealed witness to the Granteersquos consent under the law of contract Without

formal sealed acceptance the legal presumption of Deed Acceptance in the

modern administrative court system is rebuttable and open to legal

challenge

Until a Grantee formally accepts a deed by seal land ownership remains

subject to an administratively interpretable legal void supporting a

presumption of total land abeyance (ldquoabandonmentrdquo) Under such

presumption Grantee ownership may be challenged by lien and Grantee

obligations otherwise unrelated to the land Grantee ownership may also be

challenged by previous creditors of the Grantor It has been further

demonstrated that property taxation is related to a legally presumed state of

ownership abeyance on which basis government presumes to function as

undeclared holder in trust of the land

A Granteersquos formal Acknowledgment of Deed Acceptance can also directly

affect the Title It theoretically can and has been known in fact to revert the

chain of title back to the time of the original execution of the Deed by the

Grantormdashremoving all other liens including mortgages against the Title

from that time to the acceptance It has been particularly proven that when

such Acknowledgment occurs in conjunction with payment of a real estate

excise tax lenders may be retroactively cleared from the Title

In sum a Granteersquos formal Acceptance by Acknowledgement denies any

legal ldquowiggle roomrdquo for counterclaims to ownership liens by past creditors

and attempted foreclosure based in liens for nonpayment of taxes or other

obligations against which the Grantee has not offered the property as

collateral Even where the property has been offered as collateral for a loan

formal Deed Acceptance has sometimes been proven capable of removing

lenders from Title as well as removing property from municipal tax rolls

DISCLAIMER THE POSSIBLE REMOVAL OF A LENDER FROM

TITLE VIA FORMAL ACCEPTANCE OF THE DEED DOES NOT

GUARANTEE A LENDERrsquoS ACQUIESCENCE TO SATISFACTION OF

THE MORTGAGE A lender may counter sue for fraud Or a lender may

still sue for satisfaction of the mortgage even if the lenderrsquos removal from

Title may impede the lenderrsquos ability to foreclose Acceptance of the Deed is

not a stand-alone substitute for formal discharge of a mortgage

But where a debt discharge process revocation of deed of trust andor any

other process has been effected to satisfy discharge or prove the fraudulence

of the mortgage formal Grantee Acceptance of the Deed works in tandem

with such processes to create a double wall of defense against the possibility

of foreclosure by an alleged ldquolenderrdquo who rejects the discharge

TABLE OF CONTENTS

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

A Record of Ancient Practice

B Legal Definitions

C Legal Commentary

II The Right to Record Acknowledgement of Deed Acceptance

A Constitution of the United States

B Legal Definitions

C Legal Commentary

D Federal Rules of Evidence

PROCESS OUTLINE

I Substance and Format

A Terminology

B Deed Authentication

C Document Format and Presentation

D Tax Payment Verification

II Writing the Acknowledgement of Acceptance

III Sign and Seal

A Sign Your Document

B Seal Your Document

C Witnesses

IV Obtain Notary Acknowledgement

Pointers

V Obtain Authentication Certificate for the Notary

A Single Authentication

B Double Authentication

VI Obtain Certified Copy of Grant Deed

VII Obtain (as required) a New Original Deed by Conversion

- Obtain Authentication Certificate of Certifying Clerk

VIII Inserting the Exhibit Page

IX Recording

X Verifying Title Status

A Unexpected Notices

B Conduct a New Title Search

PROTOCOLS

ENFORCEMENT STRATEGIES amp MEASURES

1 Formatting Technicality

2 Appeal to the Clerkrsquos Superior

3 File by Certified Mail

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

5 Exhausting Administrative Remedy

6 Appeal to the Equivalent of the Court of Inquiry

7 Send a Lawful Notification Letter to the Recorder Registrar

Clerk of Court

8 Final In-Person Submission

9 Serving a Title 42 Action

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

The legal foundation for formally acknowledging Acceptance of the Deed is

established by record of ancient practice legal definition and legal

commentary that includes various state case law relating to recording and

assent to contract

A Record of Ancient Practice

Holy Bible

Jeremiah 326-12 (New King James Version)

6 And Jeremiah said ldquoThe word of the LORD came to me saying

7 lsquoBehold

Hanamel the son of Shallum your uncle will come to you saying ldquoBuy my

field which is in Anathoth for the right of redemption is yours to

buy itrdquorsquo 8 Then Hanamel my unclersquos son came to me in the court of the

prison according to the word of the LORD and said to me lsquoPlease buy my

field that is in Anathoth which is in the country of Benjamin for the right of

inheritance is yours and the redemption yours buy it for yourselfrsquo Then I

knew that this was the word of the LORD 9 So I bought the field from

Hanamel the son of my uncle who was in Anathoth and weighed out to him

the moneymdashseventeen shekels of silver 10

And I signed the deed and

sealed it took witnesses and weighed the money on the scales 11

So I took

the purchase deed both that which was sealed according to the law and

custom and that which was open 12

and I gave the purchase deed to Baruch

the son of Neriah son of Mahseiah in the presence of Hanamel my

unclersquos son and in the presence of the witnesses who signed the purchase

deed before all the Jews who sat in the court of the prison

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 3: Acceptance of the Deed-process Manual v 3.0

formal sealed acceptance the legal presumption of Deed Acceptance in the

modern administrative court system is rebuttable and open to legal

challenge

Until a Grantee formally accepts a deed by seal land ownership remains

subject to an administratively interpretable legal void supporting a

presumption of total land abeyance (ldquoabandonmentrdquo) Under such

presumption Grantee ownership may be challenged by lien and Grantee

obligations otherwise unrelated to the land Grantee ownership may also be

challenged by previous creditors of the Grantor It has been further

demonstrated that property taxation is related to a legally presumed state of

ownership abeyance on which basis government presumes to function as

undeclared holder in trust of the land

A Granteersquos formal Acknowledgment of Deed Acceptance can also directly

affect the Title It theoretically can and has been known in fact to revert the

chain of title back to the time of the original execution of the Deed by the

Grantormdashremoving all other liens including mortgages against the Title

from that time to the acceptance It has been particularly proven that when

such Acknowledgment occurs in conjunction with payment of a real estate

excise tax lenders may be retroactively cleared from the Title

In sum a Granteersquos formal Acceptance by Acknowledgement denies any

legal ldquowiggle roomrdquo for counterclaims to ownership liens by past creditors

and attempted foreclosure based in liens for nonpayment of taxes or other

obligations against which the Grantee has not offered the property as

collateral Even where the property has been offered as collateral for a loan

formal Deed Acceptance has sometimes been proven capable of removing

lenders from Title as well as removing property from municipal tax rolls

DISCLAIMER THE POSSIBLE REMOVAL OF A LENDER FROM

TITLE VIA FORMAL ACCEPTANCE OF THE DEED DOES NOT

GUARANTEE A LENDERrsquoS ACQUIESCENCE TO SATISFACTION OF

THE MORTGAGE A lender may counter sue for fraud Or a lender may

still sue for satisfaction of the mortgage even if the lenderrsquos removal from

Title may impede the lenderrsquos ability to foreclose Acceptance of the Deed is

not a stand-alone substitute for formal discharge of a mortgage

But where a debt discharge process revocation of deed of trust andor any

other process has been effected to satisfy discharge or prove the fraudulence

of the mortgage formal Grantee Acceptance of the Deed works in tandem

with such processes to create a double wall of defense against the possibility

of foreclosure by an alleged ldquolenderrdquo who rejects the discharge

TABLE OF CONTENTS

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

A Record of Ancient Practice

B Legal Definitions

C Legal Commentary

II The Right to Record Acknowledgement of Deed Acceptance

A Constitution of the United States

B Legal Definitions

C Legal Commentary

D Federal Rules of Evidence

PROCESS OUTLINE

I Substance and Format

A Terminology

B Deed Authentication

C Document Format and Presentation

D Tax Payment Verification

II Writing the Acknowledgement of Acceptance

III Sign and Seal

A Sign Your Document

B Seal Your Document

C Witnesses

IV Obtain Notary Acknowledgement

Pointers

V Obtain Authentication Certificate for the Notary

A Single Authentication

B Double Authentication

VI Obtain Certified Copy of Grant Deed

VII Obtain (as required) a New Original Deed by Conversion

- Obtain Authentication Certificate of Certifying Clerk

VIII Inserting the Exhibit Page

IX Recording

X Verifying Title Status

A Unexpected Notices

B Conduct a New Title Search

PROTOCOLS

ENFORCEMENT STRATEGIES amp MEASURES

1 Formatting Technicality

2 Appeal to the Clerkrsquos Superior

3 File by Certified Mail

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

5 Exhausting Administrative Remedy

6 Appeal to the Equivalent of the Court of Inquiry

7 Send a Lawful Notification Letter to the Recorder Registrar

Clerk of Court

8 Final In-Person Submission

9 Serving a Title 42 Action

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

The legal foundation for formally acknowledging Acceptance of the Deed is

established by record of ancient practice legal definition and legal

commentary that includes various state case law relating to recording and

assent to contract

A Record of Ancient Practice

Holy Bible

Jeremiah 326-12 (New King James Version)

6 And Jeremiah said ldquoThe word of the LORD came to me saying

7 lsquoBehold

Hanamel the son of Shallum your uncle will come to you saying ldquoBuy my

field which is in Anathoth for the right of redemption is yours to

buy itrdquorsquo 8 Then Hanamel my unclersquos son came to me in the court of the

prison according to the word of the LORD and said to me lsquoPlease buy my

field that is in Anathoth which is in the country of Benjamin for the right of

inheritance is yours and the redemption yours buy it for yourselfrsquo Then I

knew that this was the word of the LORD 9 So I bought the field from

Hanamel the son of my uncle who was in Anathoth and weighed out to him

the moneymdashseventeen shekels of silver 10

And I signed the deed and

sealed it took witnesses and weighed the money on the scales 11

So I took

the purchase deed both that which was sealed according to the law and

custom and that which was open 12

and I gave the purchase deed to Baruch

the son of Neriah son of Mahseiah in the presence of Hanamel my

unclersquos son and in the presence of the witnesses who signed the purchase

deed before all the Jews who sat in the court of the prison

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 4: Acceptance of the Deed-process Manual v 3.0

of the mortgage formal Grantee Acceptance of the Deed works in tandem

with such processes to create a double wall of defense against the possibility

of foreclosure by an alleged ldquolenderrdquo who rejects the discharge

TABLE OF CONTENTS

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

A Record of Ancient Practice

B Legal Definitions

C Legal Commentary

II The Right to Record Acknowledgement of Deed Acceptance

A Constitution of the United States

B Legal Definitions

C Legal Commentary

D Federal Rules of Evidence

PROCESS OUTLINE

I Substance and Format

A Terminology

B Deed Authentication

C Document Format and Presentation

D Tax Payment Verification

II Writing the Acknowledgement of Acceptance

III Sign and Seal

A Sign Your Document

B Seal Your Document

C Witnesses

IV Obtain Notary Acknowledgement

Pointers

V Obtain Authentication Certificate for the Notary

A Single Authentication

B Double Authentication

VI Obtain Certified Copy of Grant Deed

VII Obtain (as required) a New Original Deed by Conversion

- Obtain Authentication Certificate of Certifying Clerk

VIII Inserting the Exhibit Page

IX Recording

X Verifying Title Status

A Unexpected Notices

B Conduct a New Title Search

PROTOCOLS

ENFORCEMENT STRATEGIES amp MEASURES

1 Formatting Technicality

2 Appeal to the Clerkrsquos Superior

3 File by Certified Mail

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

5 Exhausting Administrative Remedy

6 Appeal to the Equivalent of the Court of Inquiry

7 Send a Lawful Notification Letter to the Recorder Registrar

Clerk of Court

8 Final In-Person Submission

9 Serving a Title 42 Action

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

The legal foundation for formally acknowledging Acceptance of the Deed is

established by record of ancient practice legal definition and legal

commentary that includes various state case law relating to recording and

assent to contract

A Record of Ancient Practice

Holy Bible

Jeremiah 326-12 (New King James Version)

6 And Jeremiah said ldquoThe word of the LORD came to me saying

7 lsquoBehold

Hanamel the son of Shallum your uncle will come to you saying ldquoBuy my

field which is in Anathoth for the right of redemption is yours to

buy itrdquorsquo 8 Then Hanamel my unclersquos son came to me in the court of the

prison according to the word of the LORD and said to me lsquoPlease buy my

field that is in Anathoth which is in the country of Benjamin for the right of

inheritance is yours and the redemption yours buy it for yourselfrsquo Then I

knew that this was the word of the LORD 9 So I bought the field from

Hanamel the son of my uncle who was in Anathoth and weighed out to him

the moneymdashseventeen shekels of silver 10

And I signed the deed and

sealed it took witnesses and weighed the money on the scales 11

So I took

the purchase deed both that which was sealed according to the law and

custom and that which was open 12

and I gave the purchase deed to Baruch

the son of Neriah son of Mahseiah in the presence of Hanamel my

unclersquos son and in the presence of the witnesses who signed the purchase

deed before all the Jews who sat in the court of the prison

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 5: Acceptance of the Deed-process Manual v 3.0

TABLE OF CONTENTS

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

A Record of Ancient Practice

B Legal Definitions

C Legal Commentary

II The Right to Record Acknowledgement of Deed Acceptance

A Constitution of the United States

B Legal Definitions

C Legal Commentary

D Federal Rules of Evidence

PROCESS OUTLINE

I Substance and Format

A Terminology

B Deed Authentication

C Document Format and Presentation

D Tax Payment Verification

II Writing the Acknowledgement of Acceptance

III Sign and Seal

A Sign Your Document

B Seal Your Document

C Witnesses

IV Obtain Notary Acknowledgement

Pointers

V Obtain Authentication Certificate for the Notary

A Single Authentication

B Double Authentication

VI Obtain Certified Copy of Grant Deed

VII Obtain (as required) a New Original Deed by Conversion

- Obtain Authentication Certificate of Certifying Clerk

VIII Inserting the Exhibit Page

IX Recording

X Verifying Title Status

A Unexpected Notices

B Conduct a New Title Search

PROTOCOLS

ENFORCEMENT STRATEGIES amp MEASURES

1 Formatting Technicality

2 Appeal to the Clerkrsquos Superior

3 File by Certified Mail

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

5 Exhausting Administrative Remedy

6 Appeal to the Equivalent of the Court of Inquiry

7 Send a Lawful Notification Letter to the Recorder Registrar

Clerk of Court

8 Final In-Person Submission

9 Serving a Title 42 Action

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

The legal foundation for formally acknowledging Acceptance of the Deed is

established by record of ancient practice legal definition and legal

commentary that includes various state case law relating to recording and

assent to contract

A Record of Ancient Practice

Holy Bible

Jeremiah 326-12 (New King James Version)

6 And Jeremiah said ldquoThe word of the LORD came to me saying

7 lsquoBehold

Hanamel the son of Shallum your uncle will come to you saying ldquoBuy my

field which is in Anathoth for the right of redemption is yours to

buy itrdquorsquo 8 Then Hanamel my unclersquos son came to me in the court of the

prison according to the word of the LORD and said to me lsquoPlease buy my

field that is in Anathoth which is in the country of Benjamin for the right of

inheritance is yours and the redemption yours buy it for yourselfrsquo Then I

knew that this was the word of the LORD 9 So I bought the field from

Hanamel the son of my uncle who was in Anathoth and weighed out to him

the moneymdashseventeen shekels of silver 10

And I signed the deed and

sealed it took witnesses and weighed the money on the scales 11

So I took

the purchase deed both that which was sealed according to the law and

custom and that which was open 12

and I gave the purchase deed to Baruch

the son of Neriah son of Mahseiah in the presence of Hanamel my

unclersquos son and in the presence of the witnesses who signed the purchase

deed before all the Jews who sat in the court of the prison

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 6: Acceptance of the Deed-process Manual v 3.0

IV Obtain Notary Acknowledgement

Pointers

V Obtain Authentication Certificate for the Notary

A Single Authentication

B Double Authentication

VI Obtain Certified Copy of Grant Deed

VII Obtain (as required) a New Original Deed by Conversion

- Obtain Authentication Certificate of Certifying Clerk

VIII Inserting the Exhibit Page

IX Recording

X Verifying Title Status

A Unexpected Notices

B Conduct a New Title Search

PROTOCOLS

ENFORCEMENT STRATEGIES amp MEASURES

1 Formatting Technicality

2 Appeal to the Clerkrsquos Superior

3 File by Certified Mail

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

5 Exhausting Administrative Remedy

6 Appeal to the Equivalent of the Court of Inquiry

7 Send a Lawful Notification Letter to the Recorder Registrar

Clerk of Court

8 Final In-Person Submission

9 Serving a Title 42 Action

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

The legal foundation for formally acknowledging Acceptance of the Deed is

established by record of ancient practice legal definition and legal

commentary that includes various state case law relating to recording and

assent to contract

A Record of Ancient Practice

Holy Bible

Jeremiah 326-12 (New King James Version)

6 And Jeremiah said ldquoThe word of the LORD came to me saying

7 lsquoBehold

Hanamel the son of Shallum your uncle will come to you saying ldquoBuy my

field which is in Anathoth for the right of redemption is yours to

buy itrdquorsquo 8 Then Hanamel my unclersquos son came to me in the court of the

prison according to the word of the LORD and said to me lsquoPlease buy my

field that is in Anathoth which is in the country of Benjamin for the right of

inheritance is yours and the redemption yours buy it for yourselfrsquo Then I

knew that this was the word of the LORD 9 So I bought the field from

Hanamel the son of my uncle who was in Anathoth and weighed out to him

the moneymdashseventeen shekels of silver 10

And I signed the deed and

sealed it took witnesses and weighed the money on the scales 11

So I took

the purchase deed both that which was sealed according to the law and

custom and that which was open 12

and I gave the purchase deed to Baruch

the son of Neriah son of Mahseiah in the presence of Hanamel my

unclersquos son and in the presence of the witnesses who signed the purchase

deed before all the Jews who sat in the court of the prison

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 7: Acceptance of the Deed-process Manual v 3.0

6 Appeal to the Equivalent of the Court of Inquiry

7 Send a Lawful Notification Letter to the Recorder Registrar

Clerk of Court

8 Final In-Person Submission

9 Serving a Title 42 Action

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

The legal foundation for formally acknowledging Acceptance of the Deed is

established by record of ancient practice legal definition and legal

commentary that includes various state case law relating to recording and

assent to contract

A Record of Ancient Practice

Holy Bible

Jeremiah 326-12 (New King James Version)

6 And Jeremiah said ldquoThe word of the LORD came to me saying

7 lsquoBehold

Hanamel the son of Shallum your uncle will come to you saying ldquoBuy my

field which is in Anathoth for the right of redemption is yours to

buy itrdquorsquo 8 Then Hanamel my unclersquos son came to me in the court of the

prison according to the word of the LORD and said to me lsquoPlease buy my

field that is in Anathoth which is in the country of Benjamin for the right of

inheritance is yours and the redemption yours buy it for yourselfrsquo Then I

knew that this was the word of the LORD 9 So I bought the field from

Hanamel the son of my uncle who was in Anathoth and weighed out to him

the moneymdashseventeen shekels of silver 10

And I signed the deed and

sealed it took witnesses and weighed the money on the scales 11

So I took

the purchase deed both that which was sealed according to the law and

custom and that which was open 12

and I gave the purchase deed to Baruch

the son of Neriah son of Mahseiah in the presence of Hanamel my

unclersquos son and in the presence of the witnesses who signed the purchase

deed before all the Jews who sat in the court of the prison

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 8: Acceptance of the Deed-process Manual v 3.0

LEGAL FOUNDATIONS

I Acknowledging Acceptance of the Deed

The legal foundation for formally acknowledging Acceptance of the Deed is

established by record of ancient practice legal definition and legal

commentary that includes various state case law relating to recording and

assent to contract

A Record of Ancient Practice

Holy Bible

Jeremiah 326-12 (New King James Version)

6 And Jeremiah said ldquoThe word of the LORD came to me saying

7 lsquoBehold

Hanamel the son of Shallum your uncle will come to you saying ldquoBuy my

field which is in Anathoth for the right of redemption is yours to

buy itrdquorsquo 8 Then Hanamel my unclersquos son came to me in the court of the

prison according to the word of the LORD and said to me lsquoPlease buy my

field that is in Anathoth which is in the country of Benjamin for the right of

inheritance is yours and the redemption yours buy it for yourselfrsquo Then I

knew that this was the word of the LORD 9 So I bought the field from

Hanamel the son of my uncle who was in Anathoth and weighed out to him

the moneymdashseventeen shekels of silver 10

And I signed the deed and

sealed it took witnesses and weighed the money on the scales 11

So I took

the purchase deed both that which was sealed according to the law and

custom and that which was open 12

and I gave the purchase deed to Baruch

the son of Neriah son of Mahseiah in the presence of Hanamel my

unclersquos son and in the presence of the witnesses who signed the purchase

deed before all the Jews who sat in the court of the prison

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 9: Acceptance of the Deed-process Manual v 3.0

TheFreeDictionarycom

httplegal-dictionarythefreedictionarycomlivery+of+seisin

livery of seisin

A ceremony performed in medieval England that effected the transfer of land

from one party to another

Livery of seisin was the dominant method of transferring land in England

until 1536 and it continued to be legal until 1925 The term livery of

seisin means simply transfer of possession livery means delivery and is

from the Old French livrer and seisin means possession and is from the

Old French saisiror seisir The concept behind livery of seisin therefore

was the symbolic transfer of the possession of land The entire ceremony of

transfer was called feoffment with livery of seisin with feoffment meaning

a gift specifically a gift of a freehold interest in a parcel of land The

transferor was the feoffor the transferee was the feoffee and the land

interest was the fief

In the Middle Ages a livery of seisin was essential to convey land from one

party to another without it no real right to land could be transferred When

performing the ceremony the feoffor the feoffee and their witnesses

generally stood on the land itself though it was permissible to stand within

view of the land if the feoffee made an actual entry to the land while the

feoffor was still alive During the ceremony the feoffor spoke appropriate

words declaring the gift and then handed the feoffee an object representing

that gift such as dirt turf or a twig or even a ring a cross or a knife If a

house was being transferred the ring of the door might be exchanged

In addition to delivering possession of the land the feoffor needed to vacate

the land The feoffors tenants and others living on the land were expelled

along with their possessions In some cases the feoffor performed a

ceremony or gesture showing Abandonment of the land such as by making a

sign with the hands jumping over a hedge or throwing a rod to the feoffee

A livery of seisin was sometimes accompanied by a deed or charter of

feoffment written in Latin which was used to call attention to the

conveyance of land This was often the case when the transfer in question

had special political significance or when it involved complex boundaries If

a charter of feoffment existed it was read during the livery of seisin

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 10: Acceptance of the Deed-process Manual v 3.0

However such a charter did not in itself serve as a means of transferring

land rather it was used simply as evidence that a transfer had taken place

Its language was not I hereby give but Know ye that I have given A

charter of feoffment by itself was not considered an agreement to transfer

land but had to be accompanied by a livery of seisin

During the Anglo-Saxon period in England before the Norman Conquest of

1066 the use of writing was rare so few charters existed After the Norman

invasion writing was used more often but charters were still generally short

and crude Eventually over a period of hundreds of years the delivery of a

charter or deed came to replace the delivery of dirt twigs or knives that had

been used to convey land in the livery-ofseisin ceremonies

The Real Property Act of 1845 (8 amp 9 Vict ch 106 [Eng]) did not abolish

livery of seisin but it did allow deeds to be used freely as granting devices

which had the same effect The Law of Property Act passed in 1925 (15 amp

16 Geo 5 ch 20 [Eng]) finally abolished the livery-ofseisin ceremony

Bouvierrsquos Law Dictionary

LIVERY OF SEISIN estates A delivery of possession of lands tenements

and hereditaments unto one entitled to the same This was a ceremony used in

the common law for the conveyance of real estate and the livery was in deed

which was performed by the feoffor and the feoffee going upon the land and

the latter receiving it from the former or in law where the game was not made

on the land but in sight of it 2 Bl Com 315 316

Blackrsquos Law Dictionary 5th

Edition

Livery of seisin The appropriate ceremony at common law for transferring

the corporal possession of lands or tenements by a grantor to his grantee It

was livery in deed where the parties went together upon the land and there a

twig clod key or other symbol was delivered in the name of the whole

Livery in law was where the same ceremony was performed not upon the

land itself but in sight of it 2 BlComm 3 1 5 3 1 6

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 11: Acceptance of the Deed-process Manual v 3.0

B Legal Definitions

Bouvierrsquos Law Dictionary

DEED conveyancing contracts A writing or instrument under seal

containing some contract or agreement and which has been delivered by the

parties Co Litt 171 2 Bl Com 295 Shep Touch 50 This applies to all

instruments in writing under seal whether they relate to the conveyance of

lands or to any other matter a bond a single bill an agreement in writing

or any other contract whatever when reduced to writing which writing is

sealed and delivered is as much a deed as any conveyance of land 2 Serg

amp Rawle 504 1 Mood Cr Cas 57 5 Dana 365 1 How Miss R 154 1

McMullan 373 Signing is not necessary at common law to make a deed 2

Ev Poth 165 11 Co Rep 278 6 S amp R 311

TO RECORD the act of making a record

2 Sometimes questions arise as to when the act of recording is complete as

in the following case A deed of real estate was acknowledged before the

register of deeds and handed to him to be recorded and at the same instant a

creditor of the grantor attached the real estate in this case it was held the act

of recording was incomplete without a certificate of the acknowledgment

and wanting that the attaching creditor had the preference 10 Pick Rep 72

ASSENT contracts An agreement to something that has been done before

2 It is either express where it is openly declared or implied where it is

presumed by law For instance when a conveyance is made to a man his

assent to it is presumed for the following reasons cause there is a strong

intendment of law that it is for a persons benefit to take and no man can be

supposed to be unwilling to do that which is for his advantage 2 Because it

would seem incongruous and absurd that when a conveyance is completely

executed on the part of the grantor the estate should continue in him 3

Because it is contrary to the policy of law to permit the freehold to remain in

suspense and uncertainty 2 Ventr 201 3 Mod 296A 3 Lev 284 Show P

C 150 3 Barn amp Alders 31 1 Binn R 502 2 Hayw 234 12 Mass IR 461

4 Day 395 5 S amp R 523 20 John R 184 14 S amp R 296 15 Wend R

656 4 Halst R 161 6 Verm R 411

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 12: Acceptance of the Deed-process Manual v 3.0

Blackrsquos Law Dictionary 5th

Edition

Deed A conveyance of realty a writing signed by grantor whereby title to

realty is transferred from one to another National Fire Ins Co v Patterson

1 70 Okl 593 41 P2d 645 647 A written instrument signed and

delivered by which one person conveys land tenements or hereditaments to

another

At common law a sealed instrument containing a contract or covenant

delivered by the party to be bound thereby and accepted by the party to

whom the contract or covenant runs 2 BlComm 295 A writing under seal

by which lands tenements or hereditaments are conveyed for an estate not

less than freehold 2 BlComm 294 It is no longer necessary that the

instrument be sealed

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 13: Acceptance of the Deed-process Manual v 3.0

C Legal Commentary

Commentaries on the Laws of England in Four Books Vol I

Sir William Blackstone

ed George Sharswood

Chief Justice of the Supreme Court of Pennsylvania

Philadelphia 1893

pp304-305

Sixthly it is requisite that the party whose deed it is should seal and now

in most cases I apprehend should sign it also The use of seals as a mark of

authenticity to letters and other instruments in writing is extremely ancient

We read of it among the Jews and Persians in the earliest and most sacred

records of history And in the book of Jeremiah there is a very remarkable

instance not only of an attestation by seal but also of the other usual

formalities attending a Jewish purchase In the civil law also seals were the

evidence of truth and were required on the part of the witnesses at least at

the attestation of every testament

A Digest of Pickerings Reports Volumes VIII-XIV Inclusive

Francis Hilliard Massachusetts Supreme Judicial Court

Boston 1837

p 81

E Delivery acknowledgment registry and proof of a conveyance

1 If a deed be delivered by the grantor to the register of deeds for the

granteersquos use and afterwards assented to by the grantee a title vests in him

from the time of such assent as against attaching creditors of the grantor mdash

Hedge v Drew xii 141

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 14: Acceptance of the Deed-process Manual v 3.0

Crockerrsquos Notes on Common Forms

9th Edition 2nd Supplement 2010

3ndash2

sect 360 Acceptance necessary

ldquoIt is well settled in this Commonwealth that the delivery of a deed is not

complete and effectual without an acceptance by the grantee or by some one

authorized to represent him or who assumes to represent him and whose act

of acceptance is afterwards ratifiedrdquo Meigs v Dexter 172 Mass 217 218

52 NE 75 (1898) (Knowlton J)

As to what constitutes an acceptance see OrsquoLoughlin v Prendergast 269

Mass 41 47 168 NE 96 (1929) Blackwell v Blackwell 196 Mass 186 81

NE 910 (1907) Whitcomb v City of Boston 192 Mass 211 78 NE 407

(1906) Bartlett v City of Boston 182 Mass 460 65 NE 827 (1903)

The Real Property Law of the State of New York

Being Chapter 50 of the Consolidated Laws 3rd

Ed

Robert Ludlow Fowler Counsellor At Law

New York 1909

p 815-816

Proof of ldquoDeliveryrdquo by Subscribing Witness

hellipIn this connection it may be said that an attestation by a subscribing

witness (where a grantee does not acknowledge the execution before a

notary) to the effect that a deed is ldquosigned sealed and delivered in the

presence ofrdquo the witness is better than a formula than simply ldquoin the

presence ofrdquo the witness But an independent superscription of the deed

itself in the old form usually employed on deeds of feoffment where the

witness attested to delivery of seisin is better still It should state that the

deed after it was signed and sealed by grantee was actually delivered to the

grantee in the presence of the subscribing witnesshellip Such was the ancient

usage to prove delivery of seisin before deeds were essential

p 821

Acceptance

Acceptance is as important as delivery to complete the transaction at law

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 15: Acceptance of the Deed-process Manual v 3.0

California Department of Real Estate Reference Book 2010

httpwwwdrecagovPublicationsReferenceBookhtml

Chapter 7 Principles of Transfer

Delivery and Acceptance

A deed is of no effect unless delivered But delivery in this context means

more than a turning over of the physical possession of the document The

grantor must have the intention to pass title immediately It is possible in

some cases to have a legal delivery without the instrument actually being

handed to the grantee if the grantor has the requisite intent to transfer title

That intention is not present if A gives B a deed but tells B not to record it

until Arsquos death both parties believing the deed is ineffective until recorded

Nor is such intention present in the typical case of cross-deeds between

husband and wife placed in a joint safe deposit box with the understanding

that the survivor will record his or her deed

The law presumes a valid delivery if the deed is found in the possession of

the grantee or is recorded but such presumption is rebuttable A deed may

be entrusted to a third party (such as an escrow agent) with directions that it

be delivered to the grantee upon the performance of designated conditions

The deed itself may contain conditions But with reference to delivery by

statute a grant cannot be delivered to the grantee conditionally

Delivery to the grantee or to the granteersquos agent as such is necessarily

absolute and the instrument takes effect immediately discharged of any

condition on which the delivery was made which is not expressed in the

deed (Or no delivery may have occurred and the deed may be found to be

void) The grantor attempting a conditional delivery should withhold transfer

of the deed to the grantee until the conditions are satisfied or incorporate the

conditions in the deed itself or deposit the deed into an escrow with

appropriate instructions Transfer of a deed conditioned on the grantorrsquos

death is ineffective as an attempted testamentary disposition failing to meet

the requirements of a will

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 16: Acceptance of the Deed-process Manual v 3.0

A duly executed deed is presumed to be delivered as of its dated date The

dated date of a deed is often different from its recorded date Possession or

the rights thereto must be given when the deed is delivered

Ordinarily a deed cannot be given effect unless it is accepted by the grantee

An exception to this rule is made when the grantee is a minor or mentally

incompetent Acceptance of a deed may be shown by acts words or conduct

of the grantee showing an intent to accept A deed to a governmental entity

must ordinarily contain (either on the face of the deed itself or on a separate

sheet attached to the deed) a certificate of acceptance

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 17: Acceptance of the Deed-process Manual v 3.0

II Right to Record Acknowledgment of Deed Acceptance

The legal foundation for the right to record a Granteersquos Acknowledgement

of the Acceptance of the Deed is found in the Amendment V protection of

property ownership and the Article 1 Section 10 proscription against state

impairment of contracts It is also found in the legal definition and Federal

Rules of Evidence pertaining to public records and their authentication

relative to Article IV Sect 1 of the federal Constitution

A deed demonstrates a conveyance of property from a Grantor to a Grantee

forming a two-party contract vesting in clear property ownership The

federal Constitution guarantees that no one shall be deprived of property

without due process of law Accepting a deed is a right of property

ownership that may not be abridged by any state statute The Constitution

further guarantees that no state may pass a statute that impairs the right of

contract The Supreme Court has further determined that such right is

unlimited As accepting a deed belongs to the unlimited right of contract its

formal declaration on the public record may not be prohibited

From the perspective of public records the federal Constitution guarantees

that whatever qualifies as an authentic public record in any jurisdiction must

be honored as such in every other jurisdiction Subsequent acts of Congress

and state case law define what constitutes authentic public records both in

substance and proof

The substantial body of authentic public records includes all documents filed

in a Common Law court (Article III and Amendment VII venue) and all

records kept in any public office of any state By legal definition that body

is extended to include ldquoother documents necessary in order to perpetuate the

memory of the facts they containrdquo and the ldquocausing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnessesrdquo

Acceptable proofs of authenticity that qualify an instrument for recording

include attestation by a clerk of court further authenticated by a presiding

magistrate and attestation by the clerk of any municipal office further

authenticated by either a presiding judge the governor the secretary of state

or whatever officer is presently recognized as the ldquokeeper of the great seal of

the staterdquo or the modern equivalent of the common law ldquochancellorrdquo

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 18: Acceptance of the Deed-process Manual v 3.0

Acceptable proofs of self-authenticity are additionally defined by the Federal

Rules of Evidence 902 Any document signed sealed and attested is

presumed authentic Any certified copy that is accompanied by a certificate

that is signed sealed and attested is presumed authentic And any document

accompanied by a notaryrsquos certificate of acknowledgement is deemed

authentic

Taken all together this means that if

1) the purpose of public land records is to ldquomake knownrdquo and

otherwise ldquoperpetuate the memoryrdquo of authentic facts pertaining to land

(which an Acknowledgement of Deed Acceptance does) and

2) an Acknowledgement of Deed Acceptance meets the legal

definition and federal standard for authentication (which it does) and

3) an Acknowledgment of Deed Acceptance has proven recordable in

any American jurisdiction (which it has)

then whether detailed in all state statutes or not a way must exist for the

public recording of an Acknowledgment of Deed Acceptance in all

jurisdictions nor may its authenticity be questioned and otherwise the

burden rests on a recording officer to prove why an acknowledged

Acceptance of Deed may not be recorded The burden is not upon the

grantee to prove why it is allowable to be recorded

Note if recording clerks as they oft claim may not provide legal advice

neither may they pass legal judgment Clerks have discretionary power only

in favor of the rights of the people not against their orders Clerks unable to

lawfully substantiate their refusal to record an Acknowledgement of Deed

Acceptance other than for matters of statutory form are guilty of treason and

breach of oath and of ldquowarring against the Constitutionrdquo (Strategies and

enforcement measures are discussed in the PROCESS OUTLINE below)

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 19: Acceptance of the Deed-process Manual v 3.0

A Constitution of the United States

Article I Section 10 Clause 1

No State shall enter into any Treaty Alliance or Confederation grant

Letters of Marque and Reprisal coin Money emit Bills of Credit make any

Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill

of Attainder ex post facto Law or Law impairing the Obligation of

Contracts or grant any Title of Nobility

Article IV Section 1

Full faith and credit shall be given in each state to the public acts records

and judicial proceedings of every other state And the Congress may by

general laws prescribe the manner in which such acts records and

proceedings shall be proved and the effect thereof

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime

unless on a presentment or indictment of a Grand Jury except in cases

arising in the land or naval forces or in the Militia when in actual service in

time of War or public danger nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb nor shall be compelled in

any criminal case to be a witness against himself nor be deprived of life

liberty or property without due process of law nor shall private property be

taken for public use without just compensation

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 20: Acceptance of the Deed-process Manual v 3.0

B Legal Definitions

Bouvierrsquos Law Dictionary

RECORD evidence A written memorial made by a public officer

authorized by law to perform that function and intended to serve as

evidence of something written said or done 6 Call 78 1 Dana 595

2 Records may be divided into those which relate to the proceedings of

congress and the state legislatures - the courts of common law - the courts of

chancery - and those which are made so by statutory provisions

3 - 1 Legislative acts The acts of congress and of the several legislatures

are the highest kind of records The printed journals of congress have been

so considered 1 Whart Dig tit Evidence pl 112 and see Dougl 593

Cowp 17

4 - 2 The proceedings of the courts of common law are records But every

minute made by a clerk of a court for his own future guidance in making up

his record is not a record 4 Wash C C Rep 698

5 - 3 Proceedings in courts of chancery are said not to be strictly speaking

records but they are so considered Gresley on Ev 101

6 - 4 The legislatures of the several states have made the enrollment of

certain deeds and other documents necessary in order to perpetuate the

memory of the facts they contain and declared that the copies thus made

should have the effect of records

7 By the constitution of the United States art 4 s 1 it is declared that full

faith and credit shall be given in each state to the public acts records and

judicial proceedings of every other state and the congress may by general

laws prescribe the manner in which such acts records and proceedings shall

be proved and the effect thereof In pursuance of this power congress have

passed several acts directing the manner of authenticating public records

which will be found under the article Authentication

8 Numerous decisions have been made under these acts some of which are

here referred to 7 Cranch 471 3 Wheat 234 4 Cowen 292 1 N H Rep

242 1 Ohio Reports 264 2 Verm R 263 5 John R 37 4 Conn R 380 9

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 21: Acceptance of the Deed-process Manual v 3.0

Mass 462 10 Serg amp Rawle 240 1 Halls N York Rep 155 4 Dall 412 5

Serg amp Rawle 523 1 Pet S C Rep 352 Vide generally 18 Vin Ab 17

1 Phil Ev 288 Bac Ab Amendment ampc H 1 Kent Com 260 Archb

Civ Pl 395 Gresley on Ev 99 Stark Ev Index h t Danes Ab Index h

t Co Litt 260 10 Pick R 72 Bouv Inst Index h t

AUTHENTICATION practice An attestation made by a proper officer by

which he certifies that a record is in due form of law and that the person

who certifies it is the officer appointed by law to do so

2 The Constitution of the U S art 4 s 1 declares Full faith and credit

shall be given in each state to the public acts records and judicial

proceedings of every other state And congress may by general laws

prescribe the manner in which such acts records and proceedings shall be

proved and the effect thereof The object of the authentication is to supply

all other proof of the record The laws of the United States have provided a

mode of authentication of public records and office papers these acts are

here transcribed

3 By the Act of May 26 1790 it is provided That the act of the

legislatures of the several states shall be authenticated by having the seal of

their respective states affixed thereto That the records and judicial

proceedings of the courts of any state shall be proved or admitted in any

other court within the United States by the attestation of the clerk and the

seal of the court annexed if there be a seal together with a certificate of the

judge chief justice or presiding magistrate as the case may be that the said

attestation is in due form And the said records and judicial proceedings

authenticated as aforesaid shall have such faith and credit given to them in

every court within the United States as they have by law or usage in the

courts of the state from whence the said records are or shall be taken

4 The above act having provided only for one species of record it was

necessary to pass the Act of March 27 1804 to provide for other cases By

this act it is enacted 1 That from and after the passage of this act all

records and exemplifications of office books which are or may be kept in

any public office of any state not appertaining to a court shall be proved or

admitted in any other court or office in any other state by the attestation of

the keeper of the said records or books and the seal of his office thereto

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 22: Acceptance of the Deed-process Manual v 3.0

annexed if there be a seal together with a certificate of the presiding justice

of the court of the county or district as the case may be in which such office

is or may be kept or of the governor the secretary of state the chancellor or

the keeper of the great seal of the state that the said attestation is in due

form and by the proper officer and the said certificate if given by the

presiding justice of a court shall be further authenticated by the clerk or

prothonotary of the said court who shall certify under his hand and the seal

of his office that the said presiding justice is duly commissioned and

qualified or if the said certificate be given by the governor the secretary of

state the chancellor or keeper of the great seal it shall be under the great

seal of the state in which the said certificate is made And the said records

and exemplifications authenticated as aforesaid shall have such faith and

credit given to them in every court and office within the United States as

they have by law or usage in the courts or offices of the state from whence

the same are or shall be taken

5 ndash 2 That all the provisions of this act and the act to which this is a

supplement shall apply as well to the public acts records office books

judicial proceedings courts and offices of the respective territories of the

United States and countries subject to the jurisdiction of the United States

as to the public acts records office books judicial proceedings courts and

offices of the several states

6 The Act of May 8 1792 s 12 provides That all the records and

proceedings of the court of appeals heretofore appointed previous to the

adoption of the present constitution shall be deposited in the office of the

clerk of the supreme court of the United States who is hereby authorized

and directed to give copies of all such records and proceedings to any

person requiring and paying for the same in like manner as copies of the

records and other proceedings of the said court are by law directed to be

given which copies shall have like faith and credit as all other proceedings

of the said court

7 By authentication is also understood whatever act is done either by the

party or some other person with a view of causing an instrument to be

known and identified as for example the acknowledgment of a deed by the

grantor the attesting a deed by witnesses 2 Benth on Ev 449

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 23: Acceptance of the Deed-process Manual v 3.0

C Legal Commentary

US Supreme Court

Hale v Henkel 201 US 43 (1906)

The individual may stand upon his constitutional rights as a citizen He is

entitled to carry on his private business in his own way His power to

contract is unlimited He owes no duty to the State or to his neighbors to

divulge his business or to open his doors to an investigation so far as it may

tend to criminate him He owes no such duty to the State since he receives

nothing therefrom beyond the protection of his life and property His rights

are such as existed by the law of the land long antecedent to the organization

of the State and can only be taken from him by due process of law and in

accordance with the Constitution

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 24: Acceptance of the Deed-process Manual v 3.0

D Federal Rules of Evidence

RULE 902 EVIDENCE THAT IS SELF-AUTHENTICATING

The following items of evidence are self-authenticating they require no

extrinsic evidence of authenticity in order to be admitted

(1) Domestic Public Documents That Are Sealed and Signed A

document that bears

(A) a seal purporting to be that of the United States any state district

commonwealth territory or insular possession of the United States the

former Panama Canal Zone the Trust Territory of the Pacific Islands a

political subdivision of any of these entities or a department agency or

officer of any entity named above and

(B) a signature purporting to be an execution or attestation

(2) Domestic Public Documents That Are Not Sealed but Are Signed

and Certified A document that bears no seal if

(A) it bears the signature of an officer or employee of an entity named

in Rule 902(1)(A) and

(B) another public officer who has a seal and official duties within

that same entity certifies under seal mdash or its equivalent mdash that the

signer has the official capacity and that the signature is genuine

(3) Foreign Public Documents A document that purports to be signed

or attested by a person who is authorized by a foreign countryrsquos law to do

so The document must be accompanied by a final certification that

certifies the genuineness of the signature and official position of the signer

or attester mdash or of any foreign official whose certificate of genuineness

relates to the signature or attestation or is in a chain of certificates of

genuineness relating to the signature or attestation The certification may

be made by a secretary of a United States embassy or legation by a consul

general vice consul or consular agent of the United States or by a

diplomatic or consular official of the foreign country assigned or

accredited to the United States If all parties have been given a reasonable

opportunity to investigate the documentrsquos authenticity and accuracy the

court may for good cause either

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 25: Acceptance of the Deed-process Manual v 3.0

(A) order that it be treated as presumptively authentic without final

certification or

(B) allow it to be evidenced by an attested summary with or without

final certification

(4) Certified Copies of Public Records A copy of an official record mdash

or a copy of a document that was recorded or filed in a public office as

authorized by law mdash if the copy is certified as correct by

(A) the custodian or another person authorized to make the

certification or

(B) a certificate that complies with Rule 902(1) (2) or (3) a federal

statute or a rule prescribed by the Supreme Court

(5) Official Publications A book pamphlet or other publication

purporting to be issued by a public authority

(6) Newspapers and Periodicals Printed material purporting to be a

newspaper or periodical

(7) Trade Inscriptions and the Like An inscription sign tag or label

purporting to have been affixed in the course of business and indicating

origin ownership or control

(8) Acknowledged Documents A document accompanied by a

certificate of acknowledgment that is lawfully executed by a notary public

or another officer who is authorized to take acknowledgments

(9) Commercial Paper and Related Documents Commercial paper a

signature on it and related documents to the extent allowed by general

commercial law

(10) Presumptions Under a Federal Statute A signature document or

anything else that a federal statute declares to be presumptively or prima

facie genuine or authentic

(11) Certified Domestic Records of a Regularly Conducted Activity

The original or a copy of a domestic record that meets the requirements of

Rule 803(6)(A)-(C) as shown by a certification of the custodian or

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 26: Acceptance of the Deed-process Manual v 3.0

another qualified person that complies with a federal statute or a rule

prescribed by the Supreme Court Before the trial or hearing the

proponent must give an adverse party reasonable written notice of the

intent to offer the record mdash and must make the record and certification

available for inspection mdash so that the party has a fair opportunity to

challenge them

(12) Certified Foreign Records of a Regularly Conducted Activity In a

civil case the original or a copy of a foreign record that meets the

requirements of Rule 902(11) modified as follows the certification rather

than complying with a federal statute or Supreme Court rule must be

signed in a manner that if falsely made would subject the maker to a

criminal penalty in the country where the certification is signed The

proponent must also meet the notice requirements of Rule 902(11)

NOTES

(Pub L 93ndash595 sect1 Jan 2 1975 88 Stat 1944 Mar 2 1987 eff Oct 1

1987 Apr 25 1988 eff Nov 1 1988 Apr 17 2000 eff Dec 1 2000

Apr 26 2011 eff Dec 1 2011)

NOTES OF ADVISORY COMMITTEE ON PROPOSED RULES

Case law and statutes have over the years developed a substantial body of

instances in which authenticity is taken as sufficiently established for

purposes of admissibility without extrinsic evidence to that effect

sometimes for reasons of policy but perhaps more often because practical

considerations reduce the possibility of unauthenticity to a very small

dimension The present rule collects and incorporates these situations in

some instances expanding them to occupy a larger area which their

underlying considerations justify In no instance is the opposite party

foreclosed from disputing authenticity

Paragraph (1) The acceptance of documents bearing a public seal and

signature most often encountered in practice in the form of

acknowledgments or certificates authenticating copies of public records is

actually of broad application Whether theoretically based in whole or in part

upon judicial notice the practical underlying considerations are that forgery

is a crime and detection is fairly easy and certain 7 Wigmore sect2161 p 638

California Evidence Code sect1452 More than 50 provisions for judicial notice

of official seals are contained in the United States Code

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 27: Acceptance of the Deed-process Manual v 3.0

Paragraph (2) While statutes are found which raise a presumption of

genuineness of purported official signatures in the absence of an official

seal 7 Wigmore sect2167 California Evidence Code sect1453 the greater ease of

effecting a forgery under these circumstances is apparent Hence this

paragraph of the rule calls for authentication by an officer who has a seal

Notarial acts by members of the armed forces and other special situations are

covered in paragraph (10)

Paragraph (3) provides a method for extending the presumption of

authenticity to foreign official documents by a procedure of certification It

is derived from Rule 44(a)(2) of the Rules of Civil Procedure but is broader

in applying to public documents rather than being limited to public records

Paragraph (4) The common law and innumerable statutes have

recognized the procedure of authenticating copies of public records by

certificate The certificate qualifies as a public document receivable as

authentic when in conformity with paragraph (1) (2) or (3) Rule 44(a) of

the Rules of Civil Procedure and Rule 27 of the Rules of Criminal Procedure

have provided authentication procedures of this nature for both domestic and

foreign public records It will be observed that the certification procedure

here provided extends only to public records reports and recorded

documents all including data compilations and does not apply to public

documents generally Hence documents provable when presented in original

form under paragraphs (1) (2) or (3) may not be provable by certified copy

under paragraph (4)

Paragraph (5) Dispensing with preliminary proof of the genuineness of

purportedly official publications most commonly encountered in connection

with statutes court reports rules and regulations has been greatly enlarged

by statutes and decisions 5 Wigmore sect1684 Paragraph (5) it will be noted

does not confer admissibility upon all official publications it merely

provides a means whereby their authenticity may be taken as established for

purposes of admissibility Rule 44(a) of the Rules of Civil Procedure has

been to the same effect

Paragraph (6) The likelihood of forgery of newspapers or periodicals is

slight indeed Hence no danger is apparent in receiving them Establishing

the authenticity of the publication may of course leave still open questions

of authority and responsibility for items therein contained See 7 Wigmore

sect2150 Cf 39 USC sect4005(b) public advertisement prima facie evidence

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 28: Acceptance of the Deed-process Manual v 3.0

of agency of person named in postal fraud order proceeding Canadian

Uniform Evidence Act Draft of 1936 printed copy of newspaper prima

facie evidence that notices or advertisements were authorized

Paragraph (7) Several factors justify dispensing with preliminary proof

of genuineness of commercial and mercantile labels and the like The risk of

forgery is minimal Trademark infringement involves serious penalties

Great efforts are devoted to inducing the public to buy in reliance on brand

names and substantial protection is given them Hence the fairness of this

treatment finds recognition in the cases Curtiss Candy Co v Johnson 163

Miss 426 141 So 762 (1932) Baby Ruth candy bar Doyle v Continental

Baking Co 262 Mass 516 160 NE 325 (1928) loaf of bread Weiner v

Mager amp Throne Inc 167 Misc 338 3 NYS2d 918 (1938) same And

see WVaCode 1966 sect47ndash3ndash5 trade-mark on bottle prima facie evidence of

ownership Contra Keegan v Green Giant Co 150 Me 283 110 A2d 599

(1954) Murphy v Campbell Soup Co 62 F2d 564 (1st Cir 1933) Cattle

brands have received similar acceptance in the western states RevCode

Mont1947 sect46ndash606 State v Wolfley 75 Kan 406 89 P 1046 (1907)

Annot 11 LRA (NS) 87 Inscriptions on trains and vehicles are held to

be prima facie evidence of ownership or control Pittsburgh Ft W amp C Ry

v Callaghan 157 Ill 406 41 NE 909 (1895) 9 Wigmore sect2510a See also

the provision of 19 USC sect1615(2) that marks labels brands or stamps

indicating foreign origin are prima facie evidence of foreign origin of

merchandise

Paragraph (8) In virtually every state acknowledged title documents are

receivable in evidence without further proof Statutes are collected in 5

Wigmore sect1676 If this authentication suffices for documents of the

importance of those affecting titles logic scarcely permits denying this

method when other kinds of documents are involved Instances of broadly

inclusive statutes are California Evidence Code sect1451 and NYCPLR 4538

McKinneys Consol Laws 1963

Paragraph (9) Issues of the authenticity of commercial paper in federal

courts will usually arise in diversity cases will involve an element of a cause

of action or defense and with respect to presumptions and burden of proof

will be controlled by Erie Railroad Co v Tompkins 304 US 64 58 SCt

817 82 LEd 1188 (1938) Rule 302 supra There may however be

questions of authenticity involving lesser segments of a case or the case may

be one governed by federal common law Clearfield Trust Co v United

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 29: Acceptance of the Deed-process Manual v 3.0

States 318 US 363 63 SCt 573 87 LEd 838 (1943) Cf United States v

Yazell 382 US 341 86 SCt 500 15 LEd2d 404 (1966) In these

situations resort to the useful authentication provisions of the Uniform

Commercial Code is provided for While the phrasing is in terms of ldquogeneral

commercial lawrdquo in order to avoid the potential complication inherent in

borrowing local statutes today one would have difficulty in determining the

general commercial law without referring to the Code See Williams v

Walker-Thomas-Furniture Co 121 USAppDC 315 350 F2d 445

(1965) Pertinent Code provisions are sections 1ndash202 3ndash307 and 3ndash510

dealing with third-party documents signatures on negotiable instruments

protests and statements of dishonor

Paragraph (10) The paragraph continues in effect dispensations with

preliminary proof of genuineness provided in various Acts of Congress See

for example 10 USC sect936 signature without seal together with title

prima facie evidence of authenticity of acts of certain military personnel who

are given notarial power 15 USC sect77f(a) signature on SEC registration

presumed genuine 26 USC sect6064 signature to tax return prima facie

genuine

NOTES OF COMMITTEE ON THE JUDICIARY HOUSE REPORT NO 93ndash650

Rule 902(8) as submitted by the Court referred to certificates of

acknowledgment ldquounder the hand and seal ofrdquo a notary public or other

officer authorized by law to take acknowledgments The Committee

amended the Rule to eliminate the requirement believed to be inconsistent

with the law in some States that a notary public must affix a seal to a

document acknowledged before him As amended the Rule merely requires

that the document be executed in the manner prescribed by State law

The Committee approved Rule 902(9) as submitted by the Court With

respect to the meaning of the phrase ldquogeneral commercial lawrdquo the

Committee intends that the Uniform Commercial Code which has been

adopted in virtually every State will be followed generally but that federal

commercial law will apply where federal commercial paper is involved See

Clearfield Trust Co v United States 318 US 363 (1943) Further in those

instances in which the issues are governed by Erie R Co v Tompkins 304

US 64 (1938) State law will apply irrespective of whether it is the Uniform

Commercial Code

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 30: Acceptance of the Deed-process Manual v 3.0

PROCESS OUTLINE

I Substance and Format

The terminology and deed authentication requirements that comprise the

deed acceptance instrument vary from state to state The format

requirements for recorded documents vary as well

You must determine beforehand the correct terminology deed

authentication and format requirements for recording an

Acknowledgement of Acceptance of Deed in your recording jurisdiction

The following is not exhaustive but provides the most common variations of

terminology deed authentication and documentation format used in different

states

A Terminology

The following titles are most often used for a Deed Acceptance instrument

Acceptance of Deed

Acknowledgment of Acceptance of Deed

Affidavit of Acceptance of Deed

Correction of Deed

Re-Recording of Deed

Check your state statutes or with your county recorder for the correct title for

an instrument that pertains to a modification of a deed A title may not be

necessary But where a title is used in all cases it should refer to a Deed

with the objective of being recorded in the book of Deeds

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 31: Acceptance of the Deed-process Manual v 3.0

Acknowledgement or Affidavit

In jurisdictions that offer resistance to recording an ldquoacknowledgmentrdquo of

the acceptance it may be necessary to call it an ldquoaffidavitrdquo The filing of an

affidavit cannot be refused

[Another viable alternative may be to call your acknowledgement a

ldquodeclarationrdquo A declaration carries very strong Common Law weight as

seen in the Declaration of Independence and as still used in respect to

homesteads]

It is recommended not to title the instrument a ldquocertificaterdquo or any other title

that will cause it to be recorded anywhere but in the book of deeds

Regardless of whether the Acknowledgement of Deed Acceptance is

instead called an Affidavit Correction of Deed Re-recording of Deed or

anything else in your jurisdiction for purposes of this outline we will

refer to it only as the Acknowledgement of Deed Acceptance

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 32: Acceptance of the Deed-process Manual v 3.0

B Deed Authentication

NOTE The ldquodeedrdquo always refers to the ldquogrant deedrdquo (warranty deed

quitclaim deed) given to you by the seller It is not the ldquodeed of trustrdquo

attached to your mortgage

In almost all cases it will be necessary to attach a copy of the original deed

to the acknowledging instrument The form in which the deed copy is

authenticated varies

Attached certified copy of deed

In most cases and in accord with the Federal Rules of Evidence 902 a

certified copy of the original grant deed attached to the Acknowledgement is

all that is required to authenticate the deed

Attached new ldquooriginalrdquo deed

In some jurisdictions the certified copy of the grant deed is deemed

insufficient to stand as an authentic full proof document and must be

converted to become a new ldquooriginalrdquo attached to the Acknowledgement

Instructions for creating a new ldquooriginalrdquo are discussed in point VII

Deed only referenced without attachment

In some few jurisdictions (eg New Hampshire) testimony indicates that the

Acknowledgement alone merely referencing the original deed book page

may be sufficient to record the acceptance No copy of the deed need be

attached to the acknowledging instrument

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 33: Acceptance of the Deed-process Manual v 3.0

C Document Format and Presentation

Sample acknowledgements are provided in the resources folder of this

packet But due diligence is required ahead of submitting documents for

recording You must know the document formatting presentation or other

specifics peculiar to your jurisdiction beforehand Presentation and

formatting standards will vary

For instance in some jurisdictions stapling is not allowed All documents

must be presented ldquocleanrdquo In others it is permitted In others documents

may be taped Or may not In some jurisdictions a cover sheet is required

etc

Specific formatting may also be required such as to allow a clear left margin

for the inscription of the property address or to leave a certain box-shaped

space free in one corner for recorder use For known document formatting

specifics in the fifty states please see the Administrative Recording

Requirements - 50 States pdf You may also consult the Laws and

Regulations section of the Archives Resource Center at the Council of State

Archivists website

IMPORTANT In some jurisdictions like Washington state there may be a

conflict between the legal requirement to maintain stapling of the documents

to preserve the authentication and the procedural requirement to unstaple

the documents in order to record them In this event it is necessary to secure

TWO original copies of the authenticated document packages one to

preserve the legal authentication stapling and one to enable the recording

through unstapling Determine this beforehand for your jurisdiction

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 34: Acceptance of the Deed-process Manual v 3.0

D Tax Payment Verification

Property Tax

In some jurisdictions to record any deed one must first show that all

property taxes are paid in full Tax stamps may be necessary on your

Acknowledgement from the assessorrsquos office verifying that no property tax

is due This may also require a certain type of cover sheet Be sure to

investigate this possibility

Real Estate Excise Tax

It has been proven that in Washington state the Acknowledgment of Deed

Acceptance occurs in conjunction with payment of real estate excise taxes

This is accompanied by a specific affidavit obtained from the Treasurerrsquos

Office and in turn effected with a stamped cover sheet attached to the

Acknowledgement of Deed Acceptance to be recorded

The real estate excise tax appears to be a disguised form in which the

original lender may directly pay to the jurisdiction the initial consideration

(usually $1000) referenced in the standard consideration language in the

Grant Deed (eg for $10 and other valuable consideration paid) This

preemptive payment thereby becomes a device by which the lender

establishes and ensures its interest in the Title

By paying that same excise tax directly in his own behalf in conjunction

with the Acknowledgment of the Deed the natural man may unseat the

lender from its presumptive interest in the Title thus removing the lender

from the Title as demonstrated by this series of homeownerrsquos insurance

reports received after submittal of the complete deed acceptance package

For this cause it is highly recommended to investigate the real estate excise

tax requirements for your jurisdiction prior to attempting to record your

Acknowledgement The inclusion of verification of such a payment with

your Acknowledge may be a key to the successful recording of your

Acknowledgement with evidence of removal of the lender from interest in

the Title

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 35: Acceptance of the Deed-process Manual v 3.0

II Writing the Acknowledgment of Acceptance

No single form of an Acknowledgement of Deed Acceptance exists But the

Acknowledgment will identify the grantor grantee property description

andor bookpage reference and will contain a simple declaration of

Acceptance of the Deed by the grantee with a request (legal demand) of the

recorder to update the deed records to that effect The core declaration will

say in so many words

It is my freewill act and deed to execute this

acknowledgement of my acceptance of the deed and lawfull

ownership of the property under the terms of the deed I ask

that the record on file in the office of register of deeds be

updated to show my acceptance of the deed as lawfull owner

of the real estate

The Acknowledgement may or may not also include a statement holding the

recorder to hisher oath as an officer of the public in service of the people

Following is a sample acknowledgement of deed acceptance recently filed in

the state of Rhode Island

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 36: Acceptance of the Deed-process Manual v 3.0

The resource folder provides templates and samples of acknowledgements of

deed acceptance including corrections of deed

Most of the templates highlight in yellow the form fields that need to be

filled in specifically to you The font formatting should be the same as in the

examples Use Title Case or UPPER CASE for names where indicated

The Document Number where required refers to the original recording

number of your Grant Deed not the Deed of Trust

For your convenience a MASTER TEMPLATE has been provided which

you can fill in directly The final document appears at the bottom of the form

fields after you save it A source code file is also included if you want to

change the main body of wording in the master template

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 37: Acceptance of the Deed-process Manual v 3.0

III Sign and Seal

Once you have written your acknowledgement of acceptance you must sign

and seal it in the presence of a notary In Common Law a seal provides the

ultimate mark of authenticity of a signatory to any document In modern

times a red inked thumbprint is often used as an individualrsquos seal Proceed

as follows

A Sign Your Document

Handwrite your signature (autograph) on the signature line

B Seal Your Document

Handwrite the word ldquoSEALrdquo in ALL CAPS about your signature Then

using a red ink pad place your red ink thumbprint over the end of your

signature and across the handwritten word SEAL similar to this black amp

white example

C Witnesses

If possible have three witnesses sign your Acknowledgement of Deed

Acceptance This is regardless of whether they are required in your

jurisdiction For Common Law purposes it is important to have three

witnesses Be sure that all signing takes place in the presence of the Notary

(SEAL)

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 38: Acceptance of the Deed-process Manual v 3.0

IV Obtain Notary Acknowledgement

A Notary Acknowledgement is the notaryrsquos declaration witnessing to the

live signing of a document (not to be confused with the Acknowledgement

of Acceptance document being signed) It may sometimes be called a

Certificate of Notary Acknowledgement

The notary acknowledgement may immediately follow your signature on the

same page as your Acknowledgement of Acceptance or it may appear on a

separate page immediately after the Acknowledgement of Acceptance

The Notary Acknowledgement may or may not be titled and often is not

Check with your state jurisdiction for the normal protocol

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 39: Acceptance of the Deed-process Manual v 3.0

Sometimes a Notary Acknowledgment may take a more formal solemn

format in which the notary attests under oath to the signing of the document

The choice is yours

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 40: Acceptance of the Deed-process Manual v 3.0

Pointers

When using any of the templates in the resource folder be sure to

change the gender to proper form in the paragraph of attestation of

Notary as witness

Use the current date when filling in the Day and Month on which you

are executing the document

Have the Notary sign the signature line with blue ink adding nothing

to the signature other than normal form of signing No title

The Notary enters signature and stamp for the Jurat in normal

location (The ldquoJuratrdquo is the name given to the clause at the foot of the

Acknowledgement showing when where and before whom the actual

oath was sworn or affirmation was made See the previous example)

Be sure that the Notary stamp does not cover any part of your wet ink

signature Your signature must be entirely unaltered clear of all other

marks

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 41: Acceptance of the Deed-process Manual v 3.0

V Obtain Authentication Certificate for the Notary

After obtaining notarization of your Acknowledgement of Deed Acceptance

you must obtain an Authentication Certificate from the office that keeps the

official record of the Notaryrsquos oath on file The Authentication Certificate

provides official verification that the Notary is current and in compliance

with all the requirements of a Notary in that state at the time of the

notarization

The purpose of the Authentication is

1) to protect your Acknowledgement of Deed Acceptance should it ever be

legally scrutinized in an attempt to invalidate it on the technicality of notary

incompliance and

2) to provide a second state seal on your Acknowledgement from an

authority higher than that of the Recorder of Deeds in your jurisdiction In

Common Law the more official seals a document carries the more authority

it has A minimum of two seals provides the basic double witness required in

biblical law The additional authority above that of the Recorder also makes

it difficult for the Recorder to refuse to record your Acknowledgement

A Single Authentication

The Authentication Certificate for the Notary will usually be obtained from

your County Court or from the Secretary of Statersquos office (In an unusual

situation as has been reported in Arizona the Notary may maintain

possession of hisher current state Authentication Certificate and a

photocopy of it may suffice as witness)

B Double Authentication

If the Notary Authentication is obtained at the County Clerk level and you

wish to further authenticate the document with an additional seal you may

go to the next higher authority such as the Secretary of State to obtain the

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 42: Acceptance of the Deed-process Manual v 3.0

Authentication Certificate for the County Clerk who authenticated the

Notary

Below are two examples of a single authentication Here the Notaryrsquos

authentication certificate is obtained directly from the Secretary of State

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 43: Acceptance of the Deed-process Manual v 3.0

The next 3 pages provide an example of a double authentication wherein an

authentication is received from the Secretary of State for the County Clerk

who authenticates the Notary who notarizes the Acknowledgement

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 44: Acceptance of the Deed-process Manual v 3.0

VI Obtain Certified Copy of Grant Deed

In almost all cases it will be necessary to attach a certified copy of your

original Grant Deed as an exhibit to your Acknowledgement of Deed

Acceptance This deed may also be called a Warrantee Deed or Quitclaim

Deed It is NOT the Deed of Trust associated with your mortgage The

certified copy will in most cases be held equal in authority to the original

Obtain the certified copy from your local Recorder or Court as designated

for your jurisdiction You may do this at any time in the process prior to

your creating the complete package for recording (See IX below)

You will also want to obtain extra certified copies for personal records

The next page shows a certified copy of a Warrantee Deed The deed was

originally recorded in 2003 evidenced at the top It was also stamped to

verify that all land conveyance taxes were paid

The certified copy was obtained in 2011 evidenced by the certification at the

bottom left by the Court Clerk Note also the SEAL of the court over the

certification

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 45: Acceptance of the Deed-process Manual v 3.0

VII Obtain (as required) a New Original Deed by Conversion

Some jurisdictions are unwilling to record a certified copy of a Grant Deed

as an original They will only record an authentic original Where a new

original deed is required it can be created by converting a certified copy into

an authentic original There are two ways to do this

Obtain Authentication Certificate of Certifying Clerk

This process is identical to the process for obtaining a single authentication

certificate for the Notary (see V above) Here however the authentication

certificate is obtained for the Clerk of Court or Recording Clerk who made

the certified copy of the Grant Deed It will be obtained either from the

Court or from the Secretary of State

If the oath holding authority for the Recorder or Court Clerk is lower than

the Secretary of State you may wish to obtain a double authentication (see

V B above)

NOTE VERY IMPORTANT

To save time in obtaining authentication certificates determine ahead of

time whether you will need authentications for a Clerk as well as for the

Notary in step V Then obtain these at the same time from the same

authority This applies to Double Authentications as well

Once obtained the Authentication Certificate(s) is attached or placed

immediately behind the certified copy of the Grant Deed The seal of the

Court or the Secretary of State on the Authentication Certificate attached to

the certified deed copy establishes the certified copy as a new self-

authenticating original under the Federal Rules of Evidence 902

Additionally adding the authentication of the clerk who certified the deed

copy gives authority to the document that supersedes that of the local

recording authority This makes it additionally difficult for the recording

authority to reject and places a refusing clerk into a position of committing

treason against the people

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 46: Acceptance of the Deed-process Manual v 3.0

VIII Inserting the Exhibit Page

Insert a blank cover page between the (last) Notary Authentication

Certificate and the Certified Copy New Original of the Deed

Label the page ldquoEXHIBIT Ardquo in large font near the bottom center of the

page This keeps the following certified copy of the deed clean without any

alteration while simultaneously identifying it as the Exhibit A

The following page may be printed off as an Exhibit page

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 47: Acceptance of the Deed-process Manual v 3.0

EXHIBIT A

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 48: Acceptance of the Deed-process Manual v 3.0

IX Recording

You are now ready to record the entire Deed Acceptance package

The documents in your package should be arranged in the following order

Cover Sheet (as required or possible verifying all property and

real estate excise tax payments)

Acknowledgement of Deed Acceptance

Notary Acknowledgement (if separate page)

Notary Authentication (single or double)

Exhibit A cover page

Certified copy Converted Original of Grant Deed

(Clerk Authentication(s) for Converted Original)

At the recorderrsquos office proceed as follows

Bring in two copies of your deed acceptance package Have one

recorded Have one stamped as filed and remaining stapled

providing you an official copy of what you submitted to record

especially should there be a time delay between your submittal

and your receiving back of the original

Once recorded obtain one or more certified copies of the

recorded package and keep for your records

Congratulations You have now accepted your Grant Deed

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 49: Acceptance of the Deed-process Manual v 3.0

X Verifying Title Status

After completing your Acknowledgement of Deed Acceptance you will

want to begin watching for possible evidences that any lender has lost its

interest in your title This may be discovered in one of two ways

A Unexpected Notices

Prepare to receive unexpected notices including congratulatory

announcements to the effect that you are now the total and sole owner of

your property or that your lender(s) are no longer found as parties of interest

in your title

Such notices may appear any time between a few days and several weeks

after your Acknowledgment is recorded

B Conduct a New Title Search

Conducting a Title search several weeks after the recording of your

Acknowledgement will verify whether all prior interests as liens and

mortgages have been removed from your Title back to the time of the

original Grant Deed

It may be possible to secure a free or drastically reduced Title search cost by

filing an alternate standard property interest document such as a Homestead

Declaration into the record By this means the recorders may perform their

own immediate free Title search of your property prior to filing the

Declaration

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 50: Acceptance of the Deed-process Manual v 3.0

PROTOCOLS

In the process of recording your Acknowledgement of Deed Acceptance

there are prudent pointers to observe These measures will help avoid

unnecessary delay questioning and stress over your documents that can lead

to rejection of your lawfull request

1 Know your jurisdictionrsquos formatting requirements and have all of your

documents in order and conformity before you go to the recording office Do

not try to assemble your documents at the recording office desk leading to a

delay for those behind you in line

2 Remember that as one of ldquowe the peoplerdquo you are to be in command of

the recording process Demonstrate confidence and certitude in your words

and manners Even though recording clerks must follow certain procedures

by statute and regulation they are ultimately the ldquoservants of the peoplerdquo If

you demonstrate poise and command of presence they will be more likely to

comply with your wishes as a sovereign If you demonstrate ignorance and

helplessness they will be more likely to treat you as a slave dictate ldquotheir

termsrdquo and ultimately reject your document

3 Bring at least one witness of legal age with you Two or three would be

better Witnesses can help bolster confidence if you are timid They can also

provide affidavits should that become necessary

4 Approach clerks with respect in peace Find ways to ldquodisarmrdquo them in

advance with pleasant chit-chat Be patient and courteous throughout the

recording process Confidence combined with an attitude of patient respect

and affability is a powerful combination in winning compliance

5 Make NO attempt to explain your process to ANYONE at the recording

office whether to a clerk or to a bystander

6 If asked by a clerk ldquowhyrdquo you want to record your Acknowledgement

you can simply say you are doing this for a ldquoModificationrdquo You do not have

to explain what kind of ldquoModificationrdquo If they question your process

documents reason say only that the people helping you with your

ldquoModificationrdquo say that you ldquoreally need to do itrdquo Defend no further beyond

this According to Hale v Henkel it is ultimately not a clerkrsquos business to

ask ldquowhyrdquo one wants to record an instrument

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 51: Acceptance of the Deed-process Manual v 3.0

ENFORCEMENT STRATEGIES amp MEASURES

Though based in principles of Common Law recording an

Acknowledgement of Deed Acceptance is rare in the current administrative

court and recording system Anything attempted outside the normal confines

of administrative procedure is prone to be viewed with suspicion by clerks

trained only in administrative procedural thinking

Not infrequently despite being approached in the spirit of the protocols

above clerks will simply refuse to record your documentmdasheither out of fear

or out of a need to demonstrate control and ldquoauthorityrdquo In this event it

becomes necessary to implement certain enforcement strategies and

measures This section discusses these approaches

When implementing the following strategies and measures it is important at

all times to remember ldquowho you are above the linerdquo No matter how

obstinately or even belligerently a clerk behaves at all times stand on the

constitutionally-backed ground of who you are above administrative statute

regulation and procedural technicality none of which may ever be lawfully

used to abridge the fifth amendment right of the people to completely

own their own property or the Article 1 section 10 proscription against

impairment of contract (affirmed in Hale v Henkel) These clauses are

at the heart of the constitutionally-backed natural right to acknowledge

Acceptance of a Deed

It is also extremely helpful to know that administrative ldquolawrdquo is ultimately

subject to Common Law that the administrative court and recording system

finds its roots in Common Law and merely acts as a ldquoveilrdquo over it As such

hidden Common Law remedy may be sought behind the administrative veil

The following strategies are presented in order from least to most

confrontational Select your strategy wisely and prudently in the sight of

God

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 52: Acceptance of the Deed-process Manual v 3.0

1 Formatting Technicality

If your Acknowledgement is refused it is first imperative to establish that

the refusal is not due to a formatting technicality including the title of the

document or the absence of any tax stamp from the assessorrsquos office Ask

the clerk if there is a formatting or procedural technicality that is out of

compliance If the clerk confirms that this is so ask what the technicality is

and go back and rectify the technical issue If the clerk says she cannot

answer on the grounds that she cannot ldquooffer legal advicerdquo ask the clerk to

direct you to the written source that will allow you to remedy the technical

issue then remedy it

[Important you should already know in advance whether your document

must be titled as an affidavit to circumvent any other naming deficiency]

If the clerk refuses to offer any further answer regarding the technicality

under the color of ldquonot offering legal advicerdquo challenge the clerkrsquos assertion

that a formatting or administrative procedural technicality is a ldquolegal issuerdquo

and continue to request the technical remedy

If the clerk still holds to the position that she cannot ldquooffer legal advicerdquo or

if this is the clerkrsquos initial position because the clerk has confirmed it is not a

technicality or procedural issue rebut with the assertion that ldquoneither then

may a clerk pass legal evaluationrdquo on your document and must record it

at your lawfull request

At this point you should also remind the clerk that she has taken an

oath to support the right of the people to complete property ownership

to unimpaired contract to due process of law and to honor the full faith

and credit of public documents that conform to the standards for public

records outlined by Congress and the Federal Rules of Evidence

Pointedly tell the clerk ldquoI accept your oathrdquo

2 Appeal to the Clerkrsquos Superior

If the above strategy fails to persuade the initial clerk to record your

Acknowledgement immediately appeal to the clerkrsquos superior if there is

one Appeal as necessary to the highest office in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Repeat the same procedure above

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 53: Acceptance of the Deed-process Manual v 3.0

In the process of unsuccessful encounters obtain the business card of every

clerk and supervisor for future reference

At all points of rights violations to this time and hencforth maintain a

factual record of all events for the creating of affidavits ahead of a potential

law suit

3 File by Certified Mail

It has been demonstrated that where recording in person has failed obtaining

a recording through a written submittal may succeed If the first two

strategies fail to obtain your recording submit your package for recording

by Certified Mail to the highest official in the Recorderrsquos Registrarrsquos

Clerk of Courtrsquos office Include a polite but firm cover letter that outlines as

follows

A Your lawfull request for the recording of the enclosed

documentation

B Reminder to the Recorder of hisher Oath to support the right of the

people to complete property ownership to unimpaired contract to due

process of law and to honor the full faith and credit of public

documents that conform to the standards for public records defined by

Congress and the Federal Rules of Evidence

C Your lawful expectation to be informed within 30 days of any

formatting or procedural technicality that precludes the possibility of

recording and which must be remedied and that in lieu of such

response within the stipulated time the document package will be

presumed lawful and statutorily compliant

If no response is received within thirty days and the document package has

not been recorded you can make a call or return to the recording office to

inquiry as to the status of your written request If there is still no satisfactory

response proceed to the next strategy or you may skip to Step 7

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 54: Acceptance of the Deed-process Manual v 3.0

4 File with Pinal County Arizona or Other Cash-Strapped

Jurisdiction

The County of Pinal in Arizona is reputed to accept any land document for

recording from any jurisdiction in America Similarly in the current severe

economic downturn some recording offices in especially cash-strapped

municipalities and states may lower their normal recording standards to the

point of willingness to record land documents from outside their

jurisdictions

Once you secure a recording of your Acknowledgement package in Pinal

County or any other jurisdiction that will record it then bring a certified

copy of the recorded package back to the refusing recording office in the

jurisdiction of your property and submit it again for recording The fact that

it has already been recorded in another jurisdiction puts your

Acknowledgement directly and indisputably under the purview of the Article

IV Full Faith and Credit Clause of the US Constitution

5 Exhaust Administrative Remedies

Failing to secure resolution at the immediate recording office discover the

administrative chain of command and make appeal up that chain Always

ask for supervisors and press to discover the ldquotop dogrdquo in the organization

Also familiarize yourself with any other administrative remedy agencies that

may be available to your through state statute This may include human

resources departments ethics commissions etc Appeal to these departments

for resolution

6 Appeal to the Equivalent of the Court of Inquiry

Alluded to earlier the administrative court system is rooted in the Common

Law court system and still retains the shadow of that system within its

structure although disguised as if by a veil This means that various

administrative courts have dual titlesmdashan administrative title and a hidden

Common Law title

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 55: Acceptance of the Deed-process Manual v 3.0

In Common Law when the normal court of due process failed to provide

justice relief for many unsettled civil and criminal claims was sought and

provided through the Court of Inquiry Today various courts in the

administrative court structure secretly function equally as a modern Court of

Inquiry

It has been discovered that in many jurisdictions the administrative Court of

Probate also functions as the Common Law Court of Inquiry In early 2012

one of the People in the Atlanta area successfully appealed the rejection of

his Acknowledgement to the Probate Court The Probate Court enforced the

lawfull request for the recording of the Acknowledgment at the Registry of

Deeds

If the previous strategies have still failed seek to determine what

administrative court in your jurisdiction also functions as a ldquoCourt of

Inquiryrdquo (Begin with the Court of Probate) Then make your appeal through

the Clerk of that court

7 Send a Lawful Notification Letter to the Recorder

Registrar Clerk of Court

In follow up to Step 3 and especially if Steps 4 5 and 6 have not availed

proceed to submit a Lawful Notification Letter to the head recording officer

in your jurisdiction This letter is in advance of a Title 42 action (See a

sample here)

The Lawful Notification Letter will

A identify the Constitutional rights violations already incurred

through the officerrsquos refusal to record the Acknowledgement These

include the violation of the right to completely own property the right

to unimpaired contract the right to due process of law and the right to

the honoring of the full faith and credit of public documents in

compliance with the Acts of Congress and the Federal Rules of

Evidence

B identify the steps already taken to gain satisfaction of recording and

to conform to administrative format and procedure including a listing

of all correspondences and phone conversations

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 56: Acceptance of the Deed-process Manual v 3.0

C notice the officer of hisher personal liability under Constitutional

oath and surety bond subject to Title 42

D Allow 15 - 30 days to record or to respond with notice to remedy

any formatting or procedural defect

In consort with the Lawful Notification Letter using the identity information

on the business cards you have collected obtain copies of the oaths of office

for the recording clerk(s) supervisor(s) involved These will be found in the

location prescribed by state statute and will often be the same offices from

which you obtained the notary authentications Also endeavor to find the

surety bond information on each individual Where underlings are not

covered by individual surety bonds you want to be sure to address the first

official in rank that is so covered

Also obtain the job description(s) of the clerk(s) involved usually available

by public posting reference or website You may proceed to serve the head

clerk with the Lawful Notification Letter issuing copies to all staff involved

and include copies of all the oaths and job descriptions The effect of this is

to present a mirror to all the officials of their collective responsibility and

liability for violating your due process and full faith and credit rights by their

failure to record your documents

If a certified copy of your Acknowledgement previously recorded elsewhere

has not been left in the possession of the recording office to this time then

include it with the Letter so to be recorded adjusting your Letter

accordingly Otherwise all reference remains to the Acknowledgement

originally submitted in Step 3 and which remains in possession of the

recording office You may also elect to submit a copy of your Affidavit of

Status with our filing

At this time you may also elect to open a miscellaneous file with the Clerk

of Court and enter an affidavit into the record ahead of a Title 42 action Or

you may choose to wait and do this concurrently with Step 9

8 Final In-Person Submission

After 30 days if the Lawful Notification Letter package remains ignored

return to the recording office with two or three additional witnesses The

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement

Page 57: Acceptance of the Deed-process Manual v 3.0

more the better Offer the recording officer a final opportunity to comply

with your lawfull request to record your Acknowledgement pending police

action and a Title 42 lawsuit

If the recording agent continues to refuse to record the Acknowledgement

call for the police to come to the office and serve a complaint on the

recording agent

If the police fail to serve the complaint collect their identities name of

supervisor(s) badge numbers remind them of their oath of office and notice

them of their subjection to a Title 42 action

Have the witnesses write up affidavits of the entire proceedings As well

one or more may video the proceedings

9 Serving a Title 42 Action

If the final in-person submission fails to gain compliance and the recording

of your Acknowledgement and the police have failed to serve a complaint

proceed to draw up the papers necessary to serve a Title 42 action This

action will cover both the recording officer and the police (Follow the

TITLE 42 BLOG at wwwHisAdvocatesOrg for details on how to file a Title

42 action [Where evidence of collusion between the lender(s) and the

recording office exists you may alternatively consider an action under the

Racketeer Influenced and Corrupt Organizations Act (RICO)]

Return to the recording office 14-21 days following the in-person

submission attempt with a process server and video the serving of the Title

42 action on the recording officer Proceed as necessary to repeat this action

by conducting service on the police

As the Title 42 action proceeds insist on the recording of your

Acknowledgement as a stipulation in any offer of settlement