"A Real Estate Document typing & recording company"
Tuesday, December 07, 2021
Legal Disclaimer and TYPING/RECORDING AGREEMENT

1.  Terms of Service and Disclaimer

 

Please read the following terms of service and disclaimer carefully before using this website. DocStar Services, LLC may revise these Terms of Service and Disclaimer at any time by updating this posting, the following terms make up and constitute DocStar Services, LLC’s Legal Disclaimer and its Typing/Recording Agreement, which shall bind all users and clients of DocStar Services, LLC.

 

All users of this web site agree that access to and use of this web site and its services are subject to the following terms of service and other applicable law. If you do not agree to these terms of service, please do not use this site and or our services. I also understand that I may be referred throughout this Disclaimer and Agreement as “Client”, “Indemnitor” or “Customer”, and DocStar Services, LLC, may be referred throughout this Disclaimer and Agreement as “DocStar”, “Company”, “Indemnitee” or “Filer”.

 

2.  General

 

I understand that DocStar is not an escrow company, law firm or a lawyer and does not provide legal advice or escrow services, and agree that DocStar has not provided legal advice, or opinions or recommendations about my legal rights or title. If, prior to my purchase, I believe that DocStar gave me any legal advice, opinion or recommendation about my legal rights, I will not proceed with the purchase, and any purchase that I do make will be null and void.

 

I also understand that I should seek legal advice if there is something in the information or the services provided by DocStar that I do not understand. I also understand that DocStar Services, LLC is a document typing service intended to assist real estate owners, real estate agents and mortgage lenders in the typing, notarization and/or recordation of said documents with various County Recorder’s office. I agree that DocStar Services, LLC has made no warranties or guarantees or expressed an opinion about the effect on outcome of said document, whether its effect on the record or marketability of title or any tax consequences it may create, including but not limited to a triggered reassessment of property taxes by any taxing authority/assessor; they are simply typing and/or processing the recording as if I was to do it myself, therefore they are charging a fee for their time to do so.

 

I further understand that the information provided by DocStar Services, LLC is only intended to provide general information regarding the document typing services. It is not a statement of the law or legal advice, and further understand that DocStar Services, LLC does not guarantee the legal accuracy of the information it provides and does not accept responsibility for any loss or inconvenience suffered by users as a result of any inadvertent inaccuracies or otherwise; as well as the information as it relates to the title of any real estate.

 

3.  Document Forms and Typing

 

I also understand that, unless otherwise agreed, the forms that I/we have instructed DocStar to type will be and are done at my request and direction, they have simply typed what I have approved and directed them to do; and for their services; and I am paying them a service fee, instead of typing the document(s) myself. I also understand that during the course of typing my document(s) there is no relationship created with a lawyer or escrow; and that no legal advice has been sought or given.

 

I also understand that my documents will be typed solely in accordance with my answers and selections made to the online questionnaire forms, face to face meetings, email communications, telephonic or facsimile instructions, whether written or communicated verbally, subject to DocStar Services, LLC's accuracy review. I also instruct DocStar to type any other forms required by a County or Government entity in order to record/file my document(s) and agree to hold DocStar harmless from any liability or loss created from the typing of said required document(s) needed by County or Government entity.

 

If a deposit is required for the work that I am requesting, I agree and understand that this amount is considered “Non-Refundable” as it is for work or services that have actually been or will be performed by DocStar or an outside Vendor of DocStar to whom they have ordered work or services from. The Non-refundable Deposit amount shall be limited to work/services actually performed or to be performed whether by DocStar or their outside Vendor(s); and shall not be for charges such as Recording, Notary and/or Shipping and Handling Fees that have not been incurred. However, all fees and costs are immediately due and payable at the time of either 1.) signing and submitting the paperwork that is due/needed in order for DocStar to process my request, or 2.) upon DocStar presenting an invoice to pay, whether a final or partial invoice.

 

I understand that the website and associated software used to type the Pre Printed form(s)/document(s) such as the forms itself, online questionnaires and document automation system have been developed by an outside vendor of DocStar, and therefore there shall be no liability assumed or incurred by DocStar for the use thereof. DocStar is hereby authorized to use forms based on industry standards, title company approved and/or accepted forms, or simply based on the sample(s) that I have provided/selected.

 

I further agree to provide a copy of the most recent recorded title deed(s) or other satisfactory ownership documents recorded to evidence the current title. I/we also authorize DocStar to retrieve a copy of the most recent ownership deed(s) and/or title documents that purport to reflect the current title from including but not limited to third-parties such as title companies, County Official Records and outside vendors. DocStar services will use these documents to reflect name spellings, legal descriptions and all other pertinent information in processing my request, unless I specify in writing to use something different than what said title records show. DocStar will not be liable in anyway from any loss or liability incurred as a result of the documents provided by client or said third-parties.

 

4.  Recording and Filing of Documents

 

I/we also understand and agree that DocStar is irrevocably authorized to file or record all document(s) on my behalf as soon as possible, and also agree to pay them a “processing fee” for such filing/recording, unless said processing fee is already included in the typing package being ordered. The processing fee is in addition to any recording fees charged by the County Recorder. I agree to hold DocStar (their agents, employees, successors and assigns) harmless for either the typing of said document or filing/recording it.

 

I/we acknowledge that the document(s) will be sent to the appropriate recorder’s/clerk’s office for filing/recording, and that once sent, I/We may not be able to cancel or postpone the recording/filing of any document(s). If I/we elect to record/file document(s) ourselves, in lieu of DocStar, then I/we agree to be responsible for recording and/or filing the documents in court, or with the appropriate County Recorder, paying the applicable court or recorder fees and any notary fees and process server fees as may be necessary in order to file or record my documents with the courthouse or recorder.

 

Lastly, DocStar may affix a stamp to any document(s) that is/are presented for recording that reads similar to or contains the following verbiage:

 

This Document has been recorded as an Accommodation only, it has not been reviewed as to its accuracy or its effect on title.

 

In the event the above stamp or statement is not on the document presented for recording, Indemnitor/Client understands and agrees that it will in no way imply that the document(s) that are being recorded have been reviewed as to its accuracy or its effect on title. I further understand that the only guarantee to the accuracy of the Title can be affirmed by a Licensed Title Insurer (“Title Insurance Company”) who is legally authorized to issue title insurance. Unless I order title insurance from a Title Insurance Company and pay for said title insurance, no title insurance or title evidence will be requested from a Title Insurance Company. DocStar Services is not a Title Insurance Company.

 

5.  Accuracy Review

 

I understand that DocStar’s review of my answers is limited to completeness, spelling and grammar, as well as internal consistency of names, addresses, legal descriptions and similar information. I also understand that DocStar’s review of my answers does not include legal advice or opinions or recommendations about my legal rights or obligations.

 

I agree to read the final document(s) before signing them and agree to be solely responsible for the final document(s). I will hold DocStar and its agents harmless. If there is liability found on the part of DocStar it will be limited to the amount paid for services, and under no circumstances will there be special damages, however I/we agree to work with Docstar to correct the document(s) prior to any action or litigation being instituted, which shall include the re-executing, re-acknowledging of document(s), providing any additional necessary documents that may be needed to correct or amend the document(s) in order to carry out client’s original request.

 

6.  Personal Property, Tax Reporting and Title Insurance

 

I/we agree and understand that the document(s) being typed does NOT include personal property, and is intended to only include real property defined by law. Personal property including but not limited to mobile homes, manufactured homes, Indian leased land, business equipment and machinery, supplies, easements, well site and equipment, water rights and pumping equipment are not and will not be included in any document(s) typed by DocStar. Any questions relating to personal property shall be handled and directed to the proper associations, entities (government, private or otherwise) which handles, and processes said mentioned personal property. Therefore, client has assured themselves in all facets of any personal property relating to the property and or document(s) This Document has been recorded as an Accommodation only, it has not been reviewed as to its accuracy or its effect on title. being requested to be typed from DocStar, and will make any transfers on personal property themselves.

 

I/we agree that if there is any tax reporting or withholding requirements that may be applicable to the document(s) mentioned herein, will be satisfied by the client/indemnitor.

 

I/we further agree that if there are any transfer requirements over and above the documents that DocStar Services is providing, I/we will process ourselves and outside of the scope of what DocStar Services is performing. The transfer requirements could include, but not limited to, Homeownership Associations (“H.O.A”), Condominium and Timeshare Management Companies, Department of Housing and Community Development, Bureau of Indian Affairs, Utility Companies, Insurance Companies, Mortgage Companies, Governmental Agencies. These companies often times will charge and have their forms required to effect changes on their records, Client has or will inquire on what is required to effect said changes, if any on their own.

 

I/We further understand that DocStar is not and has not examined the title or condition of the property, and that the documents will not be insured by a licensed title insurance company (no title search), unless I instruct DocStar to order and I/we pay for said title insurance. I/we also understand that the title to the property will be subject to any matters of record including the document(s) that I am requesting and instructing DocStar to type and/or record. I/we have not only satisfied ourselves with the matters affecting title but have also satisfied ourselves with the condition of the property itself. Also, I/we understand that the Title Industry in whole considers any recorded ownership transfer document (i.e. deed) not processed through a Title Company as an “Uninsured Deed” and will usually impose additional requirements for them to rely on said Uninsured Deed. Those requirements sometimes are just an Uninsured Deed Affidavit signed by the same parties involved in the uninsured deed in question. DocStar if requested in writing at the time of ordering other documents will include an Uninsured Deed Affidavit at no charge. This Affidavit will not be recorded in the Official Records and shall be kept by the client for safekeeping. However, DocStar Services has no control on whether a future or any title company will rely on said affidavit. It is the Client’s sole responsibility to seek counsel or advice from their own real estate expert and/or Title Insurance Company, as to what they will want or need in order to accept or rely recorded deed whether uninsured or not.

 

7.  Qualification; Authority; Agent or Attorney-in-Fact

 

If I am not one of the parties listed in the document being typed and/or recorded, then I certify under penalty of perjury that the foregoing is true and correct; and that I will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of the particular facts hereinafter set forth. At the time I exercise my authority and/or power under a power of attorney on behalf of the party(ies) named in the document being typed and/or recorded; that I have the appropriate power and/or authorization of the person whom I am acting on behalf of to complete, sign and execute this agreement or any other related document applicable or referred to herein; and I am not aware or have knowledge of termination of my power/authorization by reason of any of the following: Oral or written revocation of the power of attorney or the principal’s legal representative if court approved; incapacity (if the power of attorney/authorization is not durable) or death of the principal; removal or resignation of the Attorney-in-Fact/Authority; dissolution of the marriage between the Principal and the Attorney- in-Fact/Authorized person(s) or fulfillment of the purpose of the Power of Attorney/Authorization. I further understand that if the document(s) being typed are executed in manner that could be considered “an act of self dealing”, I hold DocStar harmless from any loss or liability that may be created by this act.

 

If I am executing this agreement or documents being requested on behalf of an legal entity (Trust, Corporation, Partnership or Limited Liability Company, etc.), I further represent that the entity is duly formed and authorized to do business in the State of California or the state in which the documents are governed by, and that I am duly authorized to execute and deliver this Agreement or execute any documents referred to herein as applicable on behalf of such entity; and that such entity is bound under the terms of this Agreement. I agree and indemnify DocStar from any liability in having to verify my authorization or capacity.

 

8.  Partial Invalidity/Entire Agreement

 

I understand and agree that this agreement constitutes the complete and exclusive statement, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this agreement. Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit of, the heirs, assignees and successors to the parties.

 

9.  No Third-Party Beneficiaries

 

I fully understand that this Agreement is only between Indemnitor and DocStar, and is not intended to be, nor shall it be construed as being, for the benefit of any third party.

 

10.  Indemnification

 

Indemnitor hereby waives and releases DocStar (their agents, employees, officers, successors and assigns) from any and all claims arising out of the document(s) indentified below and agrees to hold harmless, protect and indemnify DocStar (their agents, employees, officers, successors and assigns) from and against any and all liabilities, losses, damages, expenses and charges, including but not limited to attorney’s fees and expenses of litigation, which may be sustained or incurred by DocStar in an way relating to or directly or indirectly out of any recording or typing service requested by Indemnitor, including any claim, action, proceedings, judgment, order or process arising from or based upon or growing out of DocStar’s active or passive negligence in connection with the document(s) identified below.

 

11.  Jurisdiction

 

I also understand that DocStar exists solely within the State of California, United States of America. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of DocStar occurs solely within the State of California, United States of America and that all content and services shall be deemed to be served from, and performed wholly within the State of California, United States of America, as if I had physically traveled there to obtain the service. I agree that California law shall govern any disputes arising from my use of this website and/or any services provided, and that the courts of the City of Victorville, the County of San Bernardino, State of California, shall have exclusive jurisdiction over any disputes. Indemnitor further agrees that if suit shall be brought to enforce this Agreement, Indemnitor will pay DocStar attorney’s fees.

 

12.  Privacy

 

Absent the use of encryption, the Internet is not a secured medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. DocStar Services, LLC will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make through e-mail or third party links provided on this web site. DocStar Services, LLC is not responsible for any errors or any changes made to any transmitted information. Should you decide to transmit information using e-mail or third party links, you do so at your own risk.

 

13.  Links to Other Sites

 

This web site may contain links to other sites as well as e-mail links. These links are provided solely as a convenience to you. These other web sites were independently developed by parties other than DocStar Services, LLC and DocStar Services, LLC assumes no responsibility for the accuracy or appropriateness of the information contained in such sites. The inclusion of any link to another web site does not imply endorsement by DocStar Services, LLC. Any mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service. If you decide to access linked third party web sites, you do so at your own risk.

 

Updated: July 9, 2021

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What customers say about us
Thank you so much for the patience and kindness on the phone. I appreciate your help very much!by Dorothy O.
Doc Star Services was a recommendation via a Real Estate Office. I needed to update a property title document. I took the existing title for them to view and told them what I needed changed. They provided me with the required service, I had the new title notarized, returned it to Doc Star and they filed the updated title for me. The prices were reasonable and the service was acceptable. I can only say they did everything I asked for in a timely manner. Since I have no complaints, I give them 5 stars.by Patty T.
I appreciate your prompt and accurate servicesby Thomas F.
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