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HomeMy WebLinkAbout0963 . i ~ ACRBEMENT FOR DEED AND ESTOPPEL AND SOLVBNCY AFFIDAVIT , STATE OF FLORIDA ~ ~~?y~ ~ COUNTY OF ST. LUCIE ~ v~~ . JAMES E. DEVERCEGLY being f irst duly sworn, did depose and say: That he is one of the identical parties who made~ executed and delivered that certain deed to HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of the United States of America, dated ~'rK ,t~ ~ . 1984, conveying the following described property, to wit: SEE ATTACHED EXHIBIT "A" That the aforesaid deed was an absolute conveyance of the title to said premises to the grantee named therein in effect as well as in form~ and was and is not intended as a mortgage, trust conveyance, or security of any kind~ and that possession of said premises has been surrendered to Harbor Federal Savings and Loan ~ Association or will be surrendered as of the 10 _ day of 1984; that the consideration for the aforesaic~ deed is the full cancellation of all notes, debts, obligations, costs and charges szcured by a certain mortgage (in default) heretofore existing on the property therein and hereinbefore described and executed by JAMES E. DEVERCELLY and~PATRICIA M. DEVERCELLY~ as morCgagor, to First Federal Savings and Loan Association of Fort Pierce (now Harbor Federal Savings and Loan Association) as mortgagee, dated May 19, 1981, recorded in O. R. Book 355~ Page 1794 of the public records of St.~Lucie County~ Florida, and the release, satisfaction or cancellation of record by Harbor Federal Savings and Loan Association (formerly First Federal Savings and Loan Association of Fort Pierce) of said mortgage. That the aforesaid deed and conveyance was made by the deponent herein as the result of his request that Harbor Federal Savings and Loan Association accept such deed in extinguishment of his debt and was his free and voluntary act; tFiat at the time of making said deed, deponent believed and ~ stil-1 believes that the mortgage indebtedness above mentioned represented the fair value of the property so deeded; that said i deed was not given as a preference against any other creditors of e deponent; that at the time it was given there was no other ~ person, firm or corporation, other than Harbor Federal Savings ~ and Loan Association, either directly or indirectly interested in ~ said. premi.ses; that deponent has no other creditors whose ~ rights Would be prejudiced by such conveyance, and that deponent ~ is not obligated upon any debt Whereby any lien has been created or exists against the premises described in said deed, except Gulfstream Yillas Owners' Association, Inc~.; and that deponent . in offering to execute the aforesaid deed to the grantee therein, and in executing the same, was not acting under any duress~ undue influence, misapprehension or misrepresentiation by Harbor Federal Savings and Loan Association~ or the agent or attorney or any other representative of Harbor Federal Savings and Loan Association, and that it was the intention of deponent as ~ grantor on said deed to convey and by said deed deponent did ~ convey to the qrantee therein all his right, title and interest ~ absolutely in and to the premises described in said deed. ~ That the aforesaid deed and conveyance made by deponent is ~ executed and delivered with the express understanding that its ~ receipt by the grantee does not constitute legal del~very and ~ shall be of no binding force and effect whatsoever until such ~ time as the said deeci and release, satisfaction or cancellation '~of the lien of such mortgage are filed for record in the , E recorder's offic-e of the county in which the proQerty is : situated, at which time the full legal and equitable title shall ~ vest in the grantee, but it is the intention of thede.ponent~ ~ ~ ~ ~ ~ < ~ ~ FEE. KOBLEGARD. TEEL ~ KENNEY. P. A. [)R ~j~ ~ ATTORNCYf AT LAW g~K ~32 ~AGE tJ~•,~ P08T O'FtG[ /OX 1000 FORT PI[RCi, FLORIDA ~l454 T[tlrqOM~ (iOD) 4O1•5020 € 'Yc ° -<;:s ~~+-.t,~-"~ ~ r`~