Deed Flashcards
Deed Requirements
Grantor Grantee Consideration Granting clause Accurate legal description of property Exceptions Signature of Grantor Delivery and Acceptance
Adverse Possession
-Obtain Title via: Actual, hostile, exclusive, visible and continuous possession of the property for 15 years
Grantor Tax
Paid by Seller
Recordation Tax
Paid by Buyer
Legal Will
Transfers title of property through inheritance.
- must be in writing
- processed in Probate Court
- Handwritten is valid if two eye witnesses
- Testator of sound mind
- Over 18
Real Estate Settlement Agents Act
RESA
RESA
Authorizes licensed Virginia attorneys, title insurance companies and agents, real estate brokers and financial institutions to serve as Settlement Agents
-The settlement agent is made by the buyer
Settlement Agent
Obtain a title examination going back at least 60 years
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Correction Deed
Minor errors can be corrected
Quiet Title
Court Action to correct a deed via court system
Title Report reveals
Title holder of record
Existing lienholders
Easements, covenants and restrictions
Chain of Title
History of ownership of property
Traces the historical transfer of ownership from the current owner back to the original owner.
-Not included in standard title search
Deed of trust
instrument used to establish collateral in a residential sales transaction
3 parties: borrower, lender (beneficiary) and trustee (third party)
Signed Note & Deed of Trust
- Borrower waives the right to a court hearing in cases of foreclosure.
- Initiate a nonjudicial forfeiture
- Both are prepared by a lender.
Late Charges
May not exceed 5% of payment due
Types of Home Loan
Conforming or Non-Conforming