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12 Cards in this Set
- Front
- Back
Marketable Title
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free from reasonable doubt about whether the seller can convey the right he purports to convey
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Encumbrances
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Constitutes a defect in the title
1. Mortgage: outstanding mortgage 2. Easements: defect if it reduces teh full enjoyment of the premises 3. use restrictions 4. Land-use and zoning violations: violation of a zoning ordinance usually IS treated as an encumbrance NOT violation of building codes |
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mortgage
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financing agrrangment in which the person buying property recieves a loan and the property is pledged as security tot guarantee repayment of the loan
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Forclosure
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process by which the mortgagee may reach the land to satisfy the mortgage debt if teh mortgagor default
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deed
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document which acts to pass title from grantor to the grantee
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2 types of deeds
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quitclaim & warranty
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quitclaim deed
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grantor makes no covenant that his title is good
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warranty deed
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grantor makes one or more promises about the state of the title
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Covenants for title in warranty deed
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seisin and conveyance
against encumberances quiet enjoyment and warranty |
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seisen and conveyance
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grantor is warranting that he holds the type of estate which he purports to convey (present)
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against encumbrances
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promise that there are no encumbrances against the property, no impediments to title which do not affect the fee simple but which diminish the value of the land (present)
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quiet enjoyment and warranty
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grantee will be entitled to continued possession of the land in the future (future)
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