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Real Estate- Chapter 10 Vocab
Real Estate- Chapter 10 Vocab
26
Law
Post-Graduate
08/12/2014

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Term
deed
Definition
A document that conveys an ownership in real property and is evidence of title to that property
Term
premises
Definition

The first of four portions of a deed. It contains:

1) the date and identification of the parties

2) the granting clause

3) the legal description

4) the recital

5) the under and subject clause

6) the appurtenances clause

Term
granting clause
Definition
states that the grantors have granted and conveyed the property to the grantees in exchange for the consideration paid to the grantor by the grantee
Term
legal description
Definition
describes the property being transferred
Term
recital
Definition
describes how the grantor of the deed obtained the title
Term
under and subject clause
Definition
lists encumbrances, covenants, and easements or restrictions
Term
appurtenances clause
Definition
states that the grantor transfers not only the land, but also all the buildings, improvements, and rights associated with the ownership, possession, and use of the land.
Term
habendum clause
Definition
defines teh nature of the estate that is being transferred
Term
covenants clause
Definition
contains promises made by the grantor with regard to the title that has been transferred
Term
covenants clause
Definition
Contains promises made the grantor with regard to the title that has been transferred
Term
execution clause
Definition
statement that preceds the grantor's signature
Term
acknowledgement clause
Definition
Evidence that the deed was signed in the presence of an official who has the authority to take oaths.
Term
general warranty deed
Definition
The grantor warrants or guarantees to the grantees that the property is being transferred and conveyed without any reservation and is free and clear of any encumbrances or defects, including those from prior owners.
Term
covenant of quiet enjoyment
Definition
the grantor promises that the grantees' ownership, use, and possession will not be challenged by anyone past, present, or future
Term
special warranty deed
Definition
the grantor assures the grantee only of his or her interest in the property- there is no assurance with respect to the previous owners in the chain or title.
Term
quitclaim deed
Definition
the grantor makes no assurances concerning the quality content of title
Term
sheriff's deed
Definition
Used to transfer property sold at a judicial sale
Term
fiduciary's deed
Definition
Used when real estate has been in the possession of a trustee, guardian, executor, or administrator
Term
fiduciary
Definition
One who holds or controls assets for the benefit of another
Term
corporate deed
Definition
A special form of deed used when a corporation transfers real estate
Term
title theory state
Definition
(also called an escrow jurisdiction) the lender or a third party holds equitable title to the real estate in the name of the borrower under the terms of a deed of trust.
Term
lien theory
Definition
the borrower holds title to the property, and the lender places a lien on the property through use of the mortgage document.
Term
deed of trust
Definition
Used to define the terms and relationships of the parties to the loan agreement in a title theory state.
Term
release of deed of trust
Definition
a docuement used to relase ownership to the borrower, thereby removing any cloud on the borrower's title
Term
promisory note
Definition
a personal obligation in writing to repay the sume of money that has been borrowed
Term
acceleration clause
Definition
clause in a promissory note that delcares the entire amount owed due upon default
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