Attestation Clause
Melissa Back
has been complicated by the fact that my husband disappeared some time
ago and nobody knows where he is. This has meant that everything has
had to be done under a number of orders for substituted service of the
various documents which has made the whole thing very lengthy and slow.
I have now just about got to the end of the road but have encountered a
problem concerning the transfer of our house from our joint names to my
name alone. The court has made an order saying that the property is to
be transferred to me alone but because of the absence of my husband the
transfer deed (TR1) is apparently going to have to be signed by the
District Judge on his behalf. The court has accepted the transfer deed
that I have prepared but has indicated that I need to include what they
describe as "an appropriate attestation clause" and I have been unable
to find out either on the Web or in any book what is required.
Can somebody please either tell me what words I am supposed to use or
alternatively point me in the direction of a resource where I can find
that information for myself. I have asked the Court staff but they said
that they are "Unable to give legal advice".
Melissa Back
Stuart A. Bronstein
> Can somebody please either tell me what words I am supposed to use
> or alternatively point me in the direction of a resource where I
> can find that information for myself. I have asked the Court staff
> but they said that they are "Unable to give legal advice".
Take a look at
http://www.otelo.org.uk/UserFiles/File/TOSL_Deed_Poll_2005.pdf
Stu
John
http://www.landregistry.gov.uk/assets/library/documents/lrpg008.pdf
Having loaded that PDF, have a look at the bottom of page 6 and the top
of page 7.
Melissa Back
Thanks for your reply. I have looked at the document and (perhaps I am
missing something obvious) I cannot see how it relates to my problem.
When I drafted the deed I included at the end:
"SIGNED and DELIVERED as a Deed
by the said XXXXX XXXX XXXX in the
presence of:"
and the Court approved the draft incorporating that form of words. Now
(as expected) my former husband has failed to execute and return the
Deed and so the District Judge is going to sign it for him. However,
they apparently require me to lodge a new print of the Deed at the
Court for this purpose, incorporating an attestation clause different
from what I have recited above. It is the words of that clause that I
am after.
Does any reader here know the answer, or alternatively where the answer
might be found, please? Thanks in advance.
Melissa Back
GB
"John" <n...@thank.you> wrote in message
news:3v85qcF...@individual.net...
Having looked at that link, I am still bemused as to the wording the OP
should use. Would the following be acceptable?:
Signed by District Judge Joe Bloggs of Bloggshire County Court on behalf of
Mr John Brown
In principle, do you need to know the name of the judge for this? Does it
still need witnessing?
I would have thought that the Land Registry would be a better place for the
OP to ask for help than the court. I have always found the Land Registry
staff to be exceptionally helpful. In her position, I would send whatever
wording to the Land registry first, for approval, before getting the court
to sign it.
Stuart A. Bronstein
> "John" <n...@thank.you> wrote
>> Melissa Back wrote:
>>> The court has made an order saying that the property
>>> is to be transferred to me alone but because of the absence of
>>> my husband the transfer deed (TR1) is apparently going to have
>>> to be signed by the District Judge on his behalf. The court has
>>> accepted the transfer deed that I have prepared but has
>>> indicated that I need to include what they describe as "an
>>> appropriate attestation clause" and I have been unable to find
>>> out either on the Web or in any book what is required.
>>>
>> The following link appears to be exactly relevant to you :-
>>
>> http://www.landregistry.gov.uk/assets/library/documents/lrpg008.pdf
>
> Having looked at that link, I am still bemused as to the wording
> the OP should use. Would the following be acceptable?:
>
> Signed by District Judge Joe Bloggs of Bloggshire County Court on
> behalf of Mr John Brown
That would be my guess, yes. On the other hand, I don't know why
the court can't simply issue an order that the property now is
owned exclusively by the OP and leave it at that.
> In principle, do you need to know the name of the judge for this?
> Does it still need witnessing?
I don't know. The procedure in California is to have the court
clerk certify the judgment, which is basically the same thing. Here
any court order changing title to real property would have to be
certified in any case.
> I would have thought that the Land Registry would be a better
> place for the OP to ask for help than the court. I have always
> found the Land Registry staff to be exceptionally helpful. In her
> position, I would send whatever wording to the Land registry
> first, for approval, before getting the court to sign it.
That is an excellent idea!
Stu
ChrisR
"GB" <NotSo...@microsoft.com> wrote in message
news:dmpfs5$ioc$1...@nwrdmz03.dmz.ncs.ea.ibs-infra.bt.com...
like to be a Flopl.) and I agree it's best to consult the Land Registry if
you can find someone who knows what they're talking about, but otherwise I
would go with that wording but adding a reference to the order of the court
giving the DJ authority to sign, eg "Signed as a deed by District Judge Joe
Bloggs duly authorised (by an order of Bloggshire County Court dated 2
December 2005) on behalf of Mr John Brown in the presence of:"
The "as a deed" wording is essential and it must be witnessed (probably by a
court official). The land registry will almost certainly need an official
copy of the court order.
Chris R