Chapter 6 Flashcards
Quitclaim deed, warrenty deeds, covenants
Warrants the title, not the consideration of the real property
Warranty deed
Typically used when one person is purchasing property from another person
Warranty deed
Warrants a clear title for the grantee, which means that no other parties exist who may have any ownership interest in the property
Warranty deed
Deed most used in real estate transfers and offers the greatest protection of any deed
Full covenant and warranty deed
A deed is used to transfer an interest in real estate in MN in most real estate transactions
General warranty deed
5 basic covenants are
Seizen - assured grantor owns the estate to be conveyed and has the right to do so
Against encumbrances - assured that there are no encumbrances on the property except those specifically named in the deed
Further assistance - grantor will assist in clearing any title problems discovered later by obtaining and delivering any instrument needed to make the title good
Quiet enjoyment - grantor will not be disturbed by third party title disputes
Warranty forever - grantor will receive title and that grantor will assist in defending any claims to contrary
Deed that transfers real and potential interests In a property, whether an interest is known to exist or not. The grantor makes no claim to any interest in the property being conveyed and offers no warrants to protect the grantee
Quit claim deed
InN, the state deed tax is paid by
The seller
A warranty deed warrants the title, not the construction of the real property. The overall general warranty covenant is whay
I own and will defend
A deed that the grantor warrants only against title defects or encumbrances not noted on the deed that may have occured during the grantors period of ownership on trusteeship
Special warranty deed
Overall special warranty convenant is
I own and will defend against my acts only
Overall bargain and sale covenant is
I own but wont defend
Declaration by a person that the person has executed an instrument for the proposed stated therein and if the instrument is executed in a representative capacity that the person:
Signed the instrument with proper authority
Executed it as the act of the person or entity represented and identified therein
Acknowledgement
Legal term for a close, mutual, or successive relationship to the same right of property or the power to enforce a promise or warranty
Privity
Covenants which come with a deed or title to the property, in which the grantor of the title makes certain guarantees to the grantee
Convenants for title
Covenants that are called real covenants
Major form of covenant, typically imposing restrictions on how the land may be used (negative convenants) or requiring certain continuing action (affirmative convenants).
Land related convenants
Name three items required for a deed to be valid
Must describe the real property
Must be signed and notarized by the grantor
Must be recorded.
What type of deed does not protect the grantee against claims that predate the owners period of ownership?
Quitclaim deed
Limited warranty deed
Representatives deed
Special warranty deed
Special warranty deed
A full convenants and warranty deed has
Two covenants
Three covenants
Five covenants
Five covenants
Where there is a possibility that prior errors in deeds or other recorded documents might cloud the title which of the following is used to convey any and all interest to the grantee?
Quitclaim deed
Special warranty deed
Dealth claim deed
Limited Warranty deed
Quit claim deed
A quit claim deed
Stops claim on real property
Transfers real and potential interests In a property
Is the same a sa warranty deed
Offers many warrentoes
Transfers real and potential interests In a property
The state deed tax is:
A tax required in a federal return for property sold
A state tax imposed on each deed or instrument that grants, assigns, transfers, or otherwise conveys real property
A state deed tax on commercial property sold only
A deed tax on rental property assigned only when sold
A state tax imposed on each deed or instrument that grants assigns transfers or otherwise conveys real property
All MN deeds must be
Signed by the grantor and acknowledged by a notary public
Signed by all parties to the deed
Filed with the individuals tax payers tax return
Filed with US government
Signed by grantor and acknowledged by a notary public