Unit 12 - Transfer of Title Flashcards

1
Q

Define Title

A

The right to ownership

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2
Q

Define Deed

A

Document by which the owner transfers the title

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3
Q

How can real estate be transferred?

A

Voluntary
Involuntary
Will
Decent

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4
Q

What are the requirements for a valid deed?

A
Consideration
Granting Clause
Legal Description
Signature of Grantor
Delivery & Acceptance
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5
Q

Define Voluntary Alienation

A

Legal term of the voluntary transfer of the title by a deed of conveyance

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6
Q

Define Grantor

A

The party conveying the property to the grantee

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7
Q

A grantor must be?

A

Of Legal Age

Of Sound Mind

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8
Q

Define Grantee

A

The party receiving property from the grantor

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9
Q

Define Consideration

A

Something of value in exchange for real estate

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10
Q

What are the types of deeds?

A

General Warranty Deed
Special Warranty Deed
Bargain & Sale Deed
Quitclaim Deed

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11
Q

A General Warranty deed will contain the words?

A

Convey and warrant

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12
Q

A Special Warranty deed will contain the words?

A

Remiss, release, alienate & convey

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13
Q

A Bargain & Sale deed will contain the words?

A

Grant, bargain & sell

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14
Q

A Quitclaim deed will contain the words?

A

Remiss, release & quitclaim

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15
Q

Define a General Warranty deed

A

Provides the greatest protection

Grantor is legally bound by certain covenants

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16
Q

What are the covenants in a Warranty Deed?

A
Covenant of Seisen
Covenant against encumbrances
Covenant of quiet enjoyment
Covenant of further assurance
Covenant of warranty forever
17
Q

Define Covenant of Seisen

A

Proof of ownership

18
Q

Define Covenant Against Encumbrances

A

Warrants that property is free from liens or encumbrances

19
Q

Define Covenant of Quiet Enjoyment

A

Guarantees the title will be good against third parties

20
Q

Define Covenant of Further Assitance

A

Promise to obtain and deliver a good title

21
Q

Define Covenant of Warranty Forever

A

Promise to compensate the grantee if the title fails

22
Q

Define Special Warranty Deed

A

Guarantees that:
the grantor received the title
property was not encumbered

23
Q

Define Bargain & Sale Deed

A

Contains no express warranties

Implies that the grantor holds title & possession

24
Q

Define Quitclaim Deed

A

Provides the least protection

No warranties or covenants

25
Define Deed in Trust
Conveys real estate to a trustee for the benefit of a beneficiary
26
Define Trustees Deed
Used when a trustee conveys real estate held in trust to the beneficiary
27
Define Deed Executed Pursuant to Court Order
Established by state statute | Used to convey title to property that is transferred by court order or by will
28
Illinois Real Estate Transfer Tax Law
Imposes tax on conveying title to real estate 75 cents per $500 Seller generally pays the tax
29
Define Involuntary Alienation
The transfer of real estate by law and without the owner's consent
30
What are the methods by which involuntary alienation is accomplished?
Foreclosure Eminent Domain Adverse Possession Escheatment
31
Define Probate
Formal judicial process that determines validity, assets & identifies the beneficiary of a deceased persons property
32
Define Devise
Gift of real property by will
33
Define Devisee
Person who receives real property by will
34
Define Bequest
Gift of personal property by will
35
Define Beneficiary
Person who receives personal property by will