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23 Cards in this Set

  • Front
  • Back

Grantor

Person selling property

Grantee

Person buying property

Deed

Contract between grantor and grantee.


Buying real estate makes me happy.

3 Main Types of Deeds

1. General Warranty


2. Limited / Special Warranty


3. Quitclaim

General Warranty Deed

Assures grantor that he has legal title and can sell to grantee.


Protects grantee rights to newly acquired property.


Strongest title

Special / Limited Warranty

Grantor warranties title for the period they owned it. BUT no time before they owned it. Does not guarantee against encumbrances.


deeds from trustees. Sheriffs. Referees in bankruptcy

Quitclaim deed

No Warranty


No assurance of ownership


Used to remove CLOUD ON TITLE

5 parts of a deed

Premises


Habendum


Execution


Acknowledgment

Deed must have what to make it valid?

Notarized signature of grantor-seller

The transfer of property...

Alienation

Unwilling transfer of property...

Involuntary Alienation

Land contract

Does not provide deed at closing. Also called contract for deed.


It is seller financed transaction.

Bargain and sale deeds

No warranties


Only assures the interest in the property of the grantor

Trustee deed

Used to transfer property from a trust

Referees Deed

Used in forclosures

Cloud on title

Title defect


Not clear who owns property.

Parts of a deed-


Premises

Gives names. Facts. Words of conveyance. Legal description.

Parts of Deed-


Habendum

“To have and hold”


Describes any limit in ownership.


“To have and hold forever”


“To have and to hold for life”

Parts of a Deed-


Testimonium

Contains any applicable warranties

Parts of a Deed-


Execution

Date. Signature and seal - if applicable.

Parts of a Deed-


Acknowledgment

Attestation of public officer. -notary-


Not required for transfer. But it is required for the deed to be recorded

Seller finances the sale and doesn’t transfer title until final payment is made.

Contract for Deed

Arrangement for agent to accept delivery of deed

Delivery in escrow