Review of Title Transfer Flashcards
The party who transfers a deed is known as the
Grantor
The party to whom the title is transferred is known as the
grantee
The grantor must sign a deed to make it valid
The valid deed must name the grantor and the grantee
Warranties as to title status are provided by “covenants” in the deed.
Warranties in a deed affect the “certainty tht the title is sound”
The “general warranty” type of deed is the greatest warranty as to title status
The deed covenant that states that the grantor owns the property and has the right to convey it is the covenant of SEIZIN
THE DEED COVENANT THAT WARRANTS AGAINST ENCUMBRANCES NOT STATED IN THE DEED IS CALLED THE COVENANT “AGAINST ENCUMBRANCES”
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”
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”
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”
THE “SPECIAL WARRANTY” DEED WARRANTS ‘ONLY’ AGAINST ENCUMBRANCES BY THE GRANTOR
SPECIAL WARRANTY DEED contains ONLY one warranty:
the covenant against encumbrances.
The deed often used by an agent of a principal such as a trustee or executor of a will, is the
Special Warranty
- the executor can only warrant that he did not encumber the property
The type of deed which contains an IMPLIED INTEREST in property but no warranty as to title status is the “bargain and sale deed.
The type of deed which contains no warranty as to title is the quitclaim deed.
A quitclaim deed can be used to convey “any interest in real property”
A type of deed used to clear up a cloud on a title is the “quickclaim deed”
Different types of deeds convey different amounts of WARRANTY
DIFFERENT TYPES OF ESTATES CONVEY DIFFERENT AMONTS OF
DIFFERENT TYPES OF ESTATES CONVEY DIFFERENT AMOUNTS OF “TITLE”
In most states, a deed must be acknowledged in order to be : RECORDED
A DEED WHICH IS ACKNOWLEDGED BUT NOT RECORDED IS VALID
IN ORDER TO BE ADMISSIBLE FOR PUBLIC RECORDING, A DEED MUST BE ACKNOWLEDGED
The only one who can acknowledge a deed is the GRANTOR
ACKNOWLEDGMENT IS THE GRANTOR’S STATEMENT OF HIS ABILITY TO CONVEY, NOT THE CERTIFICATION OF THE NOTARY PUBLIC