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12 Cards in this Set

  • Front
  • Back
Marketable Title
free from reasonable doubt about whether the seller can convey the right he purports to convey
Encumbrances
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

mortgage
financing agrrangment in which the person buying property recieves a loan and the property is pledged as security tot guarantee repayment of the loan
Forclosure
process by which the mortgagee may reach the land to satisfy the mortgage debt if teh mortgagor default
deed
document which acts to pass title from grantor to the grantee
2 types of deeds
quitclaim & warranty
quitclaim deed
grantor makes no covenant that his title is good
warranty deed
grantor makes one or more promises about the state of the title
Covenants for title in warranty deed
seisin and conveyance

against encumberances


quiet enjoyment and warranty

seisen and conveyance
grantor is warranting that he holds the type of estate which he purports to convey (present)
against encumbrances
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)
quiet enjoyment and warranty
grantee will be entitled to continued possession of the land in the future (future)