Title Flashcards
(13 cards)
Title
Obtaining legal title to a piece of property
Deed
Aka transfers a legal title on day of closing
Warranty of Seisin
I actually own the property
Warranty Right to Convey
I have legal title and can convey
Future Warranties
Then there are future warranties -
Warranty of quiet enjoyment - the grantee will not be bothered by any future claims
Warranty of further assurances - promise to do whatever it takes to fix any defects in the title
General Warranty Deed
This is forever!!
Promise all 6 warranties since property was developed
Special Warranty Deed
This is a deed for all six warranties since seller had title
Quit Claim Deed
No promise regarding title
Formalities of Closing
Deed has to be in writing
Delivery of deed - intent to give property
Acceptance is presumed unless the facts say otherwise
Merger - day of the closure real estate k merger
Legal description of the property to be able to know where the property is located
Identifiable grantees for proper conveyance
Adverse Possession
Continuous amount of time
Actual, open and notorious
Using the property
Use must be hostile
Taking
intentional transfer from one person to another
Draft Real Estate Doc
Anyone can do it since its not
Legal advise
Executing the Document
Equal dignity rule
Agent may sign deed on behalf of grantor
Need permission in writing
Exception Equal Dignity Rule
Officer of corporation with authority
Signing agent
No writing - grantor is estopped if he tried to induce reliance