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<br />proof of good title should be in the form of: Owner's duplicate certificate of title (for Torrens or <br />Registered Property), updated abstract, title insurance policy, or title opinion from an attorney. At a <br />minimum, the LGU must require a deed or certificate oftitle showing ownership, Affidavit of <br />Landowners (Replacement form 12), and Consent to Replacement Wetland (Replacement fonn 13). <br /> <br />3. Although it may seem like a significant burden for landowners to provide this infonnation <br />and for the LGUs to review it, this is essential to protect the replacement wetland. For example, if a <br />mortgage holder ("mortgagee") does not consent to the creation or restoration ofthe wetland, then a <br />court may find that the mortgagee who forecloses on the property is not subject to the requirements <br />of maintaining the replacement wetland, because the mortgage was granted prior to the wetland <br />being created or restored. It may be extremely difficult for the LGU to then go after the original <br />landowner several years later and compel him to find another replacement wetland. <br /> <br />4. The two supplemental fonns below will help the LGU ensure that the landowner has good <br />title. <br /> <br />Affidavit of Landowner(s) (Replacement form 12) <br /> <br />This affidavit should be signed by the Landowner to affirm that he is the owner of the <br />property and that there are no mechanics' liens, judgments, delinquent taxes or other encumbrances <br />against the property. This affidavit should be notarized but it need not be filed with the County <br />Recorder. <br /> <br />Consent to Replacement Wetland (Replacement form 13) <br /> <br />This consent fonn should be signed by all parties who have an interest in the Replacement <br />Wetland (e.g., mortgagees, contract for deed vendors or vendees, licensees, lien holders, owners of <br />easements for a drainage system or utility (pipe) line which actually runs through the Replacement <br />Wetland). This consent form should be notarized and filed with the County Recorder. <br /> <br />Page 2 of2 <br /> <br />BWSR Deed Form Instructions <br /> <br />(April 2003) <br /> <br />~o <br />