1. Deeds Flashcards
What are the different types of deeds
GENERAL WARRANTY DEED
> used in most states outside of the far west
> considered the best deed
> Warrants Seisen (GRANTOR is the owner)
> Warrants against encumbrances unless stated
> Warrants enjoyment now and forever
QUITCLAIM DEED
> usually only transfers one’s interest onto or off of ownership of realty
> considered least protective deed
DEED OF TRUST/TRUST DEED
> used in the Far West U.S.
> transfers title only to TRUSTEE
> buyer retains ownership right of occupancy and bundle of rights
SHERIFFS DEED
> deed given by the court to effect the sale of property following a
foreclosure in certain states or the outcome of a court hearing
ALL OTHER DEEDS > less than general warranty deed > more warranties than a quitclaim deed > the Word Before or After deed gives the promise the deed warrants > should have title insurance
What is the Purpose of Deeds?
Transfer must be in writing
Recorded to give constructive notice to the world, but not required
Transfer of deed takes place only if the GRANTEE accepts the deed
What is TITLE INSURANCE
Insurance policy protecting insured from financial loss caused by defect in title to real property
CLTA (California Land Title Association) - protects GRANTEE
ALTA (American Land Title Association) - protects MORTGAGEE or BENEFICIARY