Shared Flashcard Set

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Real Estate 413
Chapter 5
10
Business
Undergraduate 4
02/22/2010

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Cards

Term
5 things a valid deed must include
Definition

  1. Identification of the parties
  2. Consideration given for the conveyed interest
  3. Legal description of property
  4. Specification of the interests conveyed
  5. Signatures of the proper parties

Term
Executed
Definition
When a deed is properly signed or subjected to all requirements that establish its validity.
Term
A deed includes 4 covenants and a warranty.  Name them.
Definition

  1. Covenant against encumbrances
  2. Covenant of seisin or ownership
  3. Covenant of quiet enjoyment
  4. Covenant of further assistance
  5. Warranty forever (guarantee that the statements made are true)

Term
Warranty Deed
Definition
The broadest type of all deeds.  The grantor assures the grantee that no liens or encumbrances other than those on public record exist against the property.
Term
Special Warranty Deed
Definition
Grantor only guarantees that which occurred during grantors ownership of the property.
Term
Bargain and sale deed.  Also called warranty deed without covenants or a grant deed.
Definition
A deed stating grantor has title and a right to convey it, but does not contain any covenants as to the title's validity.
Term
quitclaim deed
Definition
transfers any interest that the grantor may have in the property described but does not imply that the grantor has any valid interest in it.
Term
Marketable Title
Definition
One that is free and clear of all past, present, or future claims that would cause a reasonable purchaser to reject the title.
Term
Insurable title
Definition
One that a title company is willing to insure.
Term
Title opinion
Definition
Statement made by a lawyer that summarizes findings disclosed by a search through all public documents that may relate to the title.
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