deeds

Question 1

transfer

Answer 1

grantor intent to make present transfer

Question 2

what happens if a transfer is fraudulent?

Answer 2

void

Question 3

examples of fraudulent conveyances

Answer 3

hiding from creditors

Question 4

can a fraudulent transfer still be valid?

Answer 4

yes

if grantee has no notice of the fraud pays valuable consideration

Question 5

race statute

Answer 5

first to record wins

Question 6

race notice

Answer 6

first purchaser for value w/o notice to record wins

Question 7

what statute does VA have?

Answer 7

reads as race, but VA SC interprets as race notice

Question 8

what notice is required?

Answer 8

actual
constructive
inquiry

Question 9

VA inquiry notice

Answer 9

mere fact someone is in possession NOT enough

need EV they have title

Question 10

what is estoppel by deed?

Answer 10

G gives warranty deed to TP without having title

G estopped from arguing transfer to effective

Question 11

how does VA limit estoppel by deed

Answer 11

limited to only grantor and grantee

Question 12

general warranty deed

Answer 12

G and heirs forever warrant and defend against claims of all persons

Question 13

with english covenants of title

Answer 13

3 present warranties

3 future warranties

Question 14

present warranties

Answer 14

seisin - deed describes the land

G has right to convey

no undisclosed encumbrances

Question 15

future warranties

Answer 15

quiet enjoyment

promise to defend against future TP claims

future assurance that G will do whatever necessary to perfect title if defect

Question 16

special warranty deed

Answer 16

promises all 6 present and future warranties since seller had title

Question 17

delivery

Answer 17

physically handing deed or mailing

Question 18

is recording a deed required for a valid transfer?

Answer 18

no

Question 19

what if grantor breaches an english warranty and there’s an encumbrance on your property?

Answer 19

grantor will be personally liable to pay