Chapter 12 - Real Estate Title Flashcards
Title
- Ownership of the land and the owner’s bundle of rights and Evidence of ownership of land
Printed document that shows ownership and evidence of ownership of land
Deed
Conveyance
Legal process of transferring property from one owner to another in writing.
Features of conveyance
- Identify the parties
- Identify the land
- Identify the interest conveyed
- Signed by or on behalf of the grantors
- Signed by or on behalf of all parties
- Be delivered
Voluntary alienation
Voluntary transfer of the title through one’s intentional actions by selling the property or giving the property to another.
Involuntary alienation
Not by choice:
- Foreclosure
- Violation of deed conditions
- Life estate measured by life of another
- Bankruptcy
Who can execute a deed?
Grantor or Seller
Grantor
an interest in lands passes by conveyance, including, without limitation, lessors, vendors, mortgagors, optionors, releasors, assignors and trust settlors of interest in lands
Grantee
person to whom the interest in land passes. grantee must be named, in Wisconsin however, the new owner is not required to sign the deed
Types of Granting Clause
- Warranty Deed
- Special Warranty Deed
- Bargain and Sale Deed
- Quitclaim Deed
- Trustee’s deed
- Deed executed pursuant to a court order
Warranty Deed
I, Jennifer Long, convey and warrant. . .Grantor is legally bound by all general warranties (promises) or covenant
Special Warranty Deed
I, Jennifer Long, remise, release, alienate, and convey. . .
bargain and sale deed
I, Jennifer Long, grant, bargain, and sell. .
Quitclaim Deed
I, Jennifer Long, remise, release, and quitclaim. - gives the grantee the least protection of any deed, it is the weakest deed. Quitclaim deeds often are used to clear up a cloud (defect) on the title.
Private Corporation
Corporation other than a public corporation