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25 Cards in this Set

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  • Back

Voluntary Alienation

Term for transfer of title during the property owners lifetime

Requirements for a valid deed

9 different requirements.


1.Grantor who is competent


2. Grantee to be named


3. Statement of consideration


4. Granting clause ( words of conveyance)


5.Habendum clause ( defines ownership right)


6. Accurate legal description


7. Any relevant exceptions or reservations


8. Acknowledgment signature from grantor


9. Delivery of deed and acceptance by grantee to pass title

Types of deeds

General warranty deed


Special warranty deed


Bargain and sale deed


Quitclaim deed


Deed of trust


Reconveyance deed


Trustee's deed


Deed executed to a court order

General warranty deed

Provides the greatest protection. 5 covenants

Special warranty deed

The grantor received title, and property was not encumbered during time grantor owned property

Bargain and sale deed

Implication grantor holds title and possession

Quit claim deed

Least protection. Used to convey less than fee simple absolute or to cure a title defect.

Deed of trust

Conveyance from trustor to trustee

Reconveyance deed

Conveyance from trustee to trustor

Trustees deed

Conveyance from trustee to third party

Deed executed pursuant to a court order

Conveyance from a will or court order

Transfer declaration

Full sales price of property, legal description, the type of improvement, address date and type of deed, and weather the transfer is between relatives or court order.

Involuntary alienation

Not voluntary. Foreclosure, etc

Adverse possession

Open, notorious , continuous, hostile, adverse

Testate

With will

Intestate

No will

When a person dies ownership passes to?

Co owner by virtue of joint tenancy with right of survivorship or tenancy by entirety, the party or parties named in will, statutory heirs determined by state.

Joint tenancy and tenancy by entirety court action to transfer?

No only death certificate should be filed so its apart of record on ownership

Title passed by will court action?

Yes through probate

Testator

Person making will

The gift of real property is known as?

Devise

Bequest of legacy?

Gift of personal property

Nuncupative

Oral will

holographic

Hand written will

Condicil

A separate document to modify or add to previously made will