Review of Title Transfer Flashcards

1
Q

The party who transfers a deed is known as the

A

Grantor

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2
Q

The party to whom the title is transferred is known as the

A

grantee

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3
Q

The grantor must sign a deed to make it valid

A

The valid deed must name the grantor and the grantee

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4
Q

Warranties as to title status are provided by “covenants” in the deed.

A

Warranties in a deed affect the “certainty tht the title is sound”

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5
Q

The “general warranty” type of deed is the greatest warranty as to title status

A

The deed covenant that states that the grantor owns the property and has the right to convey it is the covenant of SEIZIN

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6
Q

THE DEED COVENANT THAT WARRANTS AGAINST ENCUMBRANCES NOT STATED IN THE DEED IS CALLED THE COVENANT “AGAINST ENCUMBRANCES”

A

THE DEED COVENANT WHICH WARRANTS THAT GRANTEE’S OWNERSHIP WILL NOT BE CHALLENGED BY THE CLAIMS OF OTHERS IS CALLED THE COVENANT OF”“QUIET ENJOYMENT”

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7
Q

THE DEED COVENANT WHICH OBLIGATES THE GRANTOR TO PERFORM ANY ACTS OF NECESSARY TO PROTECT THE TITLE CONVEYED IS CALLED THE COVENANT OF “FURTHER ASSISTANCE”

A

THE DEED COVENANT WHICH ASSURES THAT THE GRANTOR WILL BEAR THE EXPENSE OF DEFENDING THE TITLE AGAINST THE CLAIMS OF OTHERS IS CALLED THE COVENANT OF “WARRANTY OF TITLE”

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8
Q

THE “SPECIAL WARRANTY” DEED WARRANTS ‘ONLY’ AGAINST ENCUMBRANCES BY THE GRANTOR

A

SPECIAL WARRANTY DEED contains ONLY one warranty:

the covenant against encumbrances.

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9
Q

The deed often used by an agent of a principal such as a trustee or executor of a will, is the

A

Special Warranty

  • the executor can only warrant that he did not encumber the property
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10
Q

The type of deed which contains an IMPLIED INTEREST in property but no warranty as to title status is the “bargain and sale deed.

A

The type of deed which contains no warranty as to title is the quitclaim deed.

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11
Q

A quitclaim deed can be used to convey “any interest in real property”

A

A type of deed used to clear up a cloud on a title is the “quickclaim deed”

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12
Q

Different types of deeds convey different amounts of WARRANTY

A

DIFFERENT TYPES OF ESTATES CONVEY DIFFERENT AMONTS OF

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13
Q

DIFFERENT TYPES OF ESTATES CONVEY DIFFERENT AMOUNTS OF “TITLE”

A

In most states, a deed must be acknowledged in order to be : RECORDED

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14
Q

A DEED WHICH IS ACKNOWLEDGED BUT NOT RECORDED IS VALID

A

IN ORDER TO BE ADMISSIBLE FOR PUBLIC RECORDING, A DEED MUST BE ACKNOWLEDGED

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15
Q

The only one who can acknowledge a deed is the GRANTOR

A

ACKNOWLEDGMENT IS THE GRANTOR’S STATEMENT OF HIS ABILITY TO CONVEY, NOT THE CERTIFICATION OF THE NOTARY PUBLIC

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16
Q

THE declaration that the person signing the deed is the grantor named in the deed is the ACKNOWLEDGMENT

A

A TAX that is sometimes paid when a deed is recorded is known as the TRANSFER TAX
PAID BY EITHER THE BUY OR SELLER OR SPLIT BY BOTH