Guesstimate,
This is a topic I know quite a bit about, having worked with deeds, and mortgages for more than thirty years.
Whoever told you that recording an "acceptance of deed" has any force and effect in law, for anything other than the most unusual circumstances, is just plain wrong. I have looked at untold thousands of entries in the records of hundreds of county recorders across the nation, and I have
never seen an
acceptance of deed. Let's look at why this is nonsense...
First of all, a deed does not have to be recorded to be valid. It can be written on a napkin, with no witnesses to the signature, and delivered to the intended recipient of the land (the Grantee), who can then toss it into a desk drawer for years, and it is still a valid instrument. It's the
delivery of the deed that is the controlling factor.
For example, let's say Adam (the Grantor) drafts a warranty deed in which Bob is the Grantee. Adam files the deed away in a drawer and never gives it to Bob or even tells him it exists. Adam dies and the executor of Adam's estate finds the deed.
Question: Who will get the land, Bob, or Adam's heirs?
Answer: Adam's heirs. Unless Bob can
prove beyond a reasonable doubt Adam intended to give him the deed.
On the other hand, if Adam delivered the deed to Bob, and Bob filed it in a drawer without recording it, then after Adam's death he comes forward with the deed, then Bob will get the land.
But there are some big
howevers, which we'll examine.
Most states have a law known as "Race to Record". The law deals with what the courts will recognize, rather than what may be otherwise "right" or "just". In a nutshell the law says this: "Whoever records his deed first wins."
Here's how it works. Let's say Adam gives a warranty deed to Bob. Instead of going down to the courthouse and recording the deed, Bob puts it in a drawer. Sometime later, it could be later that day, the next week, month, year, or decade, Adam gives a warranty deed to Charles for the same land. Charles goes right down and records it. Bob notices that Charles took possession of the land, finds where Charles recorded his deed, and Bob sues Charles for the land.
Question: Who will get the land, Bob or Charles?
Answer: Charles, because he recorded his deed first.
Since it's a warranty deed, Bob may sue Adam for damages, which includes whatever Bob may have paid Adam for the deed, but that's it. If Bob received a quit-claim deed instead of warranty, then even his suit for damages will fail.
When a deed is recorded, the act of recording is considered to be notice to the public. Since a deed, in and of itself is simply
written evidence of a verbal transaction, the posting of public notice of the transaction is enough for courts to construe that a deed has been delivered. Most county recorders require that a name and address be provided to whom they will return the deed after it is recorded, and they put that information on the deed before it is copied and filed. Then they send the deed to that person, who is
usually the Grantee. If that person
is the Grantee, then that is even further evidence of delivery.
Now let's look at how mortgages might affect a transfer.
Adam wants to sell his house, and Bob wants to buy; they've agreed on a price. Problem is, Bob doesn't have enough money, so he goes to a bank.
Now, Guesstimate, I can hear you saying, "The bank doesn't really have any money, they're creating it with Bob's signature." You are technically correct. When you figure out how to translate Bob's signature into something Adam can use right away to buy a new house, boat, or whatever Adam wants, please tell Adam. Because Adam probably already knows he could finance the sale himself, but he doesn't want to. He wants all his money up front, and the bank is the only option they know about.
So the bank says to Bob, "Sign this promissory note, and we'll cut Adam a check for the whole amount. One condition though: You have to also sign this mortgage that gives the bank the right to take the house back if you don't live up to the promise you made to pay us." Bob signs, the bank pays Adam, and Adam
delivers a deed to Bob.
Done deal.
If Bob fails to pay the bank, nothing Bob may or may not have recorded after the mortgage was recorded will keep the bank from taking the house. Why? Because Bob agreed, in writing, to the deal. In legal terms, he
hypothecated the house to the bank, which means he said to them, "If I hypothetically don't pay you, then you will already have the right to take the house."
Something else you said which is
not accurate:
a default will cause the bank to swoop in and overwrite the county file
The way county recorders work, is that each new instrument is recorded
on top of all prior instruments. Prior documents recorded can never be overwritten. However, new documents can be recorded which
may amend, extend, or nullify documents recorded prior.
It's important to keep separate in your mind, on the one hand the fraudulent debt-note money system, and on the other hand the concept of loaning or borrowing. It is a privilege to be able to borrow, when necessary to achieve your goals. To presume a mortgage is fraudulent just because Federal Reserve Notes were exchanged, and blaming your local bank for that, is hogwash. If the bank doesn't lend you the money then you won't have a house to live in, and
then where will you be?
If you make a claim against a bank that you entered into the mortgage without full disclosure, the bank's attorney will get you on the stand and most likely destroy you. If you are clever enough to win, and you'll probably have to lie to do it, then plan on never being able to borrow from a bank, or have a credit card again. You'll be completely blackballed-- the equivalent of a negative credit score.
Oh, and "perfecting a deed" is also known as
curative. An example would be an "Affidavit of Scrivener's Error", commonly filed when the guy who drafted the deed gets some pertinent detail wrong, like the name of one of the parties, or the legal description of the land.