Title to real property and deeds Flashcards
Voluntary alienation
Is the voluntary conveyance of real property by deed
It is said to be an instrument of conveyance what does this mean?
It’s a written document used to convey property title from one person or entity to another
A deed is an instrument of conveyance
True or false
True
Which of the following statements would you see in the granting clause?
Do you here by Grant and convey
What is the process of a deed?
Party of the first part, and party of the second part a.k.a. grantor/grantee must convey and receive respectively
Granting clause, a.k.a. Grant and convey
Signature of grantor
And oh, by subscribing witness, such as notary public, that the grantor signing of the deed is a voluntary act, a.k.a. acknowledgment
Delivery and acceptance
In addition to recording the deed, a preliminary change of ownership report must be completed
True or false
True
The right portion of the top first page is reserved for exclusive use of recorder
True or false
True
A notary, public or other officer must witness or acknowledge the grantor signature, and they’re still must be legible and scannable
True or false
True
The document must be on 8 1/2 x 11” paper
true or false
False there are extra fees with other legal size documents
The buyer must complete the Pulmonary change the ownership report
True or false
True
Elements required in the deed of California
Names of grantor/grantee persons, conveying, and receiving title, respectively
Referred to as “ party of the first part” and “ party of the second part”
Legal description of property
Granting clause, the words, Grant and convey
Signature of grantor
Delivery and acceptance directly to grantee or to agent of the grantee, such as attorney, real estate, broker, title company using the title
Acceptance is presumed, and acknowledgment is another important step in the process, but is not a legal requirement
Acknowledgment
An oath of subscribing witness notary public. The grantor of my state to the notary, that the signing of the deed is a voluntary act.
Acknowledgment and recording is vital, if the grantee wants to protect the title against the future buyers of the same property from the same grantor. Grantees should always expect to receive an acknowledgment deed which is recorded at the county clerk where the property is located.
Recording
Is vital if the grantee wants to protect title against future buyers of the same property from the same grantor
File at the county clerk, for the property is located
Delivery of deed
May be made directly to grantee, or to an agent of the grantee, such as an attorney, real estate, broker, or the title company issuing the title
Acceptance of deed
The presumption is made stronger upon the recording of deed
A deed Must have acknowledgment or have an oath of subscribing witness.
Required
Not required
Required
The grantor of a deed must appear before a public officer
Required
Not required
Required
The grantee must appear before a public officer
required
Not required
Not required
The grantor of a deer must see the deed signing is voluntary
Required
Not required
Required
Voluntary signing of the deed is required to be recorded
The grantee and a deed must state the deed signing is voluntary
Required
Not required
Not required
The grantee does not need to make a statement
Why should a grantee always receive and acknowledge deed?
A) It provides the grantee title protection against other purchasers of the same property from the grantor.
B) It provides the grantor tittle protection against other purchasers of the same property from the grantee.
C) it constitutes the transfer of the file between the grantor and a grantee?
A) It provides the grantee title protection against other purchasers of the same property from the grantor.
The grantor must deliver the deed directly to the grantee, or an agent of the grantee
Must happen
Doesn’t happen
Must happen
A public officer delivers the deed to the grantee, or the grantees agent
Must happen
Doesn’t happen
Doesn’t happen
Presumed acceptance of the deed by grantee
Must happen
Doesn’t happen
Must happen
Yes, the grantee is presume to accept the deed
Stated acceptance of the deed by grantee
Must happen
Doesn’t happen
Doesn’t happen
No, stated acceptance by the grantee is generally not necessary
Grant deed
contains implied warranties that the seller, a.k.a. grantor has the right to convey the property and has not otherwise encumbered the property.
Must meet requirements.
Recording, formatting, accompanied by a documentary, transfer tax declaration, and pulmonary change of ownership report
After acquired title, a.k.a. property you don’t actually own
Warranty deed
Full covenant and warranty deed
General warranty deed
Contains the strongest and broadest form of guaranteed titles of all of the deed types and offers the greatest protection of ownership interest of the grantee .
Covenant of seisin -possessed by freehold
Covenant of right to convey -grantor has legal capacity to convey title
Covenant against encumbrances -no, and converses against the title
Covenant of quiet enjoyment - the grantee will not be disturbed in the use of enjoyment
Covenant for further assurance - they promised that the grantor will provide any additional assurances that the grantee reasonably requires
Covenant of warranty - states that the grantor will warrant and defend the title to the grantee against lawful claims of others
Gift deed
Is legal form for a gift deed is the same for us any grant deed, however the intention of the parties differs
The deed should note there is no consideration, or the title is being transferred out of affection
Quick claim deed
When the grantor signed the quit, claim deed prevents the grantor from later, claiming interest on ownership in the property
Does not offer any warranties to the grantee and releases any rights to the grantor property
What are two types of court order deeds
Executors deed-
conveys real property from a descendants estate to a buyer. An executor can do this only if the Will or the court of law granted the executor this authority
Sheriffs, deed, or referees deed -
Transfer title to the winning bidder in a judicial foreclosure at auction.
Deed of trust
Used to convey property to a trustee for the beneficiary name in the deed
California uses this as a typical security instrument for a mortgage loan
With the trustee of the title to the property is held in a trust until the loan on the property is paid in full
The lender is the beneficiary of a trust, and the deed authorizes the trustee to sell the property to repay the beneficiary. Is the borrower defaults.
Reconveyance deed
California requires a beneficiary when the loan is paid off to execute and deliver to the trustee the original note deed of trust requested for a full reconveyance. Then the trustee must execute and record the reconveyance to the beneficiary.
tax deed
Used in tax cell to convey the title of property that the government is selling due to nonpayment of taxes
Trustees deed upon sale
Property transferred due to non-judicial foreclosure, uses a trustees deed, a person to transfer a title to the winning bidder at the foreclosure auction. The deed is re-ordered and the county where the property is located.
Conveys full ownership, the entire bundle of rights, but doesn’t include guarantee that the title is clean the title might have an conferences that the new owners are responsible for such as tax loans or mechanic loans
A grant deed, does not imply any covenant or warranty
True or false
False
A grant deed can be used to transfer after acquired title
True or false
True
A grant deed of an owner selling a property using a grant deed is making assurances that the property is not otherwise encumbered
True or false
True
The seller has the right to convey the property and has not encumbered it in any way
It isn’t actually there yet, but that is reasonably believed to be there now, or in the future
Provide the strongest and broadest form of guarantee of title
Warranty deed
Comes with implied warranties and is the only deed that can convey after acquire title
Grant deed
Releases any rights of the grantor to the property to the grantee, but does not offer any warranties or implied any interest in the property
Quit claim deed
Think no claims on warranties or interests, quit the claims
Court order deed to satisfy a judgment
Sheriffs deed
Conveys ownership of property with only love and affection as considerations
Gift deed
Conveys real estate to a trustee for the beneficiary names in the deed usually a lender
Deed of trust
Warranty, deed covenants
Seisin
Right to convey
Against encumbrances
Quiet enjoyment
Further assurances
Warranty
Seisin
Grantor holds the title specified in the deed
The grantor ceases the title
Right to convey
Grantor has legal capacity to convey the title, and has the title to convey
Against encumbrances
No encumbrances against the title, except those in public record
Quiet enjoyment
Grantee has possession, and shall not be disturbed in the use of enjoyment of the property
Further assurance
Grantor will correct any defects in the title of being conveyed
Warranty
Grantor defends the title to the grantee against lawful claims of all others
What type of deed is commonly used to clear any clauses on a title?
Grant deed
Gift deed
Quit claim deed
Sheriffs deed
Warranty deed
Quit claim deeds are commonly used to clear clause in a title
The mortgage company currently has this type of deed as a pledge for Linda’s loan on her property
Deed of trust
Reconveyance deed
Trustees deed up on sale
Deed of trust
Rocky buys Linda’s house at the foreclosure sale when she failed to meet the deadline to pay back the mortgage company
Deed of trust
Reconveyance deed
Trustees deed up on sale
Trustees deed upon sale
Linda pays off the mortgage company before the foreclosure sale and retains ownership of her home
Deed of trust
Reconveyance deed
Trustees deed upon sale
Reconveyance deed
Tax deed
Deed usually by the county tax collector, when a property that is behind on taxes is being sold
Grant deed
The property has no on recorded encumbrances for awareness
Think of when you get a grant it’s no burden
Trustees deed upon sale
Gives the buyer no protection from the tittle claims
Usually foreclosure, highest bidder at an auction
Think upon sale equals foreclosure
Common deed type,
used to convey property and implies certain warranties, including the right to convey and against encumbrances, and may be used to convey after acquiring the title
Grant deed
Used to provide the greatest protection to the ownership, interest of the grantee with six express covenants. These are rarely used in California.
Warranty deed
Used to convey real property from a descendents Estate to a buyer, and is a type of bargain and sale deed with covenant
Executor deed
Used to foreclosure, auction, buy a mortgage lender, it is the legal document that gives ownership or for closure property to the highest bidder
Trustees deed up on sale
Used when a court judgment has ordered the sale of a property
Sheriff deed
Used to release any rights of the grantor to the property to the grantee
Quit claim deed
After Judy purchases a townhome, a woman comes forward, saying she is an heir to the previous owner, and lays claim to the property. Which general warranty deed covenant protects Judy?
The cabinet against encumbrances
The covenant of seisin
The covenant of the right to convey
The covenant of warranty
The covenant of warranty
A property owner, who wishes to convey property to a new owner, will generally use a——-?
Deed
lease
Mortgage
Titel abstract
Deed
Which of the following could be a valid deed
A napkin with both parties signatures
An oral agreement
A written document, containing all the required elements and adhering to all document formatting requirements
A written document with all requirements
Chang is selling his property to Jericho. What’s the best method Jericho can use to ensure his interest in the property
Ensure that Chang signed the deed
Ensure that he signs the deed
Purchase title insurance
Record the deed in his name
Record the deed in his name
Recording provides constructive notice to Jericho’s purchase. Failure to record makes it possible for others to record interest in the future.
Title insurance for Jack’s Jericho from claims from the past, but the title search limits that concern
What phrase is or words are required on a deed and are considered an act of convenience?
Grant and convey
Select the statement that accurately reflects the type of deed used to transfer
A bargain and sale deed conveys property in foreclosure proceedings
A deed of trust conveys real estate to a trustee for the beneficiary name, and the deed
A referees deed conveys property from one spot to another in a divorce proceeding
A warranty deed conveys REO property from the lender
A deed of trust conveys real estate to a trustee for the beneficiary name in the deed
Which of the following terms describe the actions required to transfer a title deed?
A) acknowledgment
B) delivery, and acceptance
C) granting clause
D) habendum
Delivery and acceptance
Which type of deed is sometimes called a general warranty deed and contains all six covenants?
Warranty deed
Partitioning property
The oldest would have the most say, as he would be the primary owner
True or false
False, that is not how tenancy in common works
Partitioning property for tenancy in common
A Court may order the sale of property and split the proceeds equally between the brothers if they can’t come up with their own arrangement
True or false
True
Partitioning property for tenancy in common
The property the house is on, will be divided between the brothers for each to do as he pleases
True or false
False
This might be true of a larger property, but it is hard to sell someone a third of a house
Operation of law
Dictates the manner in which parties automatically acquire rights or liabilities, due to establish rules of law, and not through an agreement or act of their own
Conveyance after death
A will put it in writing, and at death puts in motion, the wishes and desires of the decedent.
If property is held in a joint tenancy with the right of survivorship, the other joint tenants are still alive. Then they share the property belonging to the deceased can’t be devised or distributed.
The joint tenants automatically receive the share of the property belonging to the deceased
Dying intestate
When people die without a will, but there are heirs, the probate process, appoints administrator, who will distribute the descendants assets, according to the law of dissent and distribution
In order:
Spouse
Children
Parents
Sibling
More distant relative
If no heirs can be found in the state claims it through escheat
Dying without a will
Intestate
The process by which the court determines how a deceased person’s Estate should be distributed
Probate
The court appointed person who distributes property to the heir of a person who died intestate.
Administrator
Administratrix is used for the female term
Determines how the deceased persons property is to be distributed when the person died without a will
Intestate succession
Dying testate
A person who dies, leaving a will is sad to have died testate.
Dying with a will in place
Testate
Executor
The person appointed to carry out the provisions of the Will is the executor
One named in a will to carry out the deceased wishes in regard to distribution of property
Executor
Dying testate
Person who dies, leaving a will to the executor, the person appointed to carry out the provisions of the will. Before anything gets distributed the state of the deceased must go through probate.
Probate will determine if the will is valid, and will supervise the distribution of the estate
To leave something to someone in a will
A gift of real property
Devise
One who gives real property, The person who writes the will is called the
Devisor
The recipient of the will, a person who inherits property from a will
Divisee
Types of wills
Statutory will
Simple well, check off boxes and not thorough
Holographic will
Handwritten and unwitnessed must be in the testator’s handwriting and signed and dated by the testator. Most states don’t recognize this due to complications.
Oral will
Spoken to a witness rather than a document in writing, verbal noncupative wills.
Some states require the testator to be near death at the time the will is made
What will can be created by filling in blanks and checking boxes?
Holographic will
Statutory will
Statutory will
What will can be hand written by a testator?
Holographic will
Statutory will
Holographic will
Testate
Owner died with a will
Owner died without a will
Owner died with a will
Intestate
Owner died with a will
Owner died without a will
Owner died without a will
Administrator
Owner died with a will.
Owner died without a will
Owner died without a will
Executor
Owner died with a will
Owner died without a will
Owner died with a will
What are purposes of probate?
To appoint an administrator
To supervise Estate distribution
To determine a will’s validity
A gift of personal property is called
A bequest or legacy and the recipient is called a legatee
Dedication by deed
the owner gives land or an easement for public use. Formally conveyed in writing frequently a quick claim deed will be used for this purpose.
Public Grant
This is a grant of power, license, or real property from the state or government to a private individual or individuals. The term land patent is also used to describe the actual and conveyed.
Adverse possession
Someone can claim the property of another by using it for an extended period of time. Because of significant ramifications, the law requires specific criteria before adverse possession well apply
Do use as well known to others
The possessor reasonably believes in the right to possess
The possession of the property must be without permission of the true owner, a.k.a. hostile possession
Possession must be continuous and uninterrupted
Court action, a.k.a. quiet title
Accession
When person on the property and also takes ownership of any additional land that builds up along the river bank due to natural deposits or man-made deposits?
Accretion buildup of land, near water, a.k.a. Alluvion
Alluvium is the land sediments material that builds land
Avulsion when land washes away, decreasing the property size
Reliction an increase in land by the permanent and gradual withdrawal of water
Alienation/involuntary alienation
Voluntary or involuntary
Involuntary due to legal process, such as a lien foreclosure, condemnation, under eminent domain, filing a petition of bankruptcy, adverse possession, escheat
Involuntary landslides, earthquakes, hurricanes, sinkholes, avulsion
Voluntary alienation
the grantor’s delivery of a valid deed to the grantee while both still alive most popular transaction when a buyer is buying from a living seller.
Mike, a developer of a subdivision, created a walking path behind the development that can be used by residence and the community
A) public Grant
B) dedication by deed
C) adverse possession
D) accession
E) alienation
Dedication by deed
Adverse possession
Use as well known to others
Possessor a reasonably believes he, or she is entitled to the property
There was a court action to quiet title
Possession is continuous and uninterrupted for a statutory period of time
Possession is hostile
A buildup of land from siltor gravel overwater
Accretion
The landmass formed by the buildup of sand, salt, or gravel overwater
Alluvion
The material sediment dirt sand rock deposited on land
The increase of line resulting from the gradual, permanent withdrawal of water
Reliction
Think lick up water to see water line
Dry up and left with land
The loss of land, when water washes it away
Tearing away of land from water
Avulsion
Property is transferred as a result of adverse possession
Voluntary
Involuntary
Involuntary
Dedication by deed
The owner gives land or an easement for public use
A Grant of power, license, or real property from the state or government to a private individual or individuals
Public Grant
Someone claims the property of another because he or she has used it for a continuous and uninterrupted period of time and believes he or she is entitled to the property
Adverse possession
The addition of value to property through labor, or the addition of new materials
Accession
Which includes accretion, alluvion, avulsion, reliction,
Land buildup from Sand, silt, or gravel deposits
Accretion
Newly formed landmass that belongs to the property owner
Accretion
Land that has washed away, decreasing the property size
avulsion
Increase in land by the permanent and gradual withdrawal of water
Reliction
The act of transferring away ownership of a property, either voluntary(with the owners consent) or involuntary (without the owners consent).
Alienation
Deeds
Grantor
Grantee
Conveyance
Conveyance after death
Operation of law intestate succession
Administrator/administratrix
Testate executor/executrix
Devise devisee
Will testator/testatrix
Deed, type warranty, deed
Warranty deed
Covenant of seisin
Covenant of right to convey
Covenant against encumbrances
Covenant of quiet enjoyment
Covenant for further assurances
Covenant of warranty
Deed type grant deed
Clear and legal transfer of ownership from from Brentwood grantee, providing evidence of the change of ownership and confirming the grantees rights to the property
Deed types
———Warranty deed
(transfer from grantor to grantee includes description of property, discloses, encumbrances, a.k.a. outstanding loans or judgments ) makes the highest promise to the buyer from seller
————Grant deed
(a gift transfer of property from grantor to grantee, legal and clear) love and affection
———-Quit claim deed
(a person that quit claims renounces or relinquishes a claim to some legal right, or transfer a little interest in land) makes no promises from the seller to buyer
———Court order deeds ( executors death /sheriffs auction foreclosure)
—Deed and trust
(trustees deed) holds the title to the property until the loan is completely paid off by the borrower,
(reconveyance deed) transfer of properties title from lender to borrower trustor in the deed of trust states.
—Tax deed ( a lien which is imposed upon a property by law, and order to secure the payment of taxes)
Elements of a deed
Names of grantor/grantee
Complete legal description
Acknowledgment
Notary stamp
Uniform parcel
Identier number
Act of conveyance
True consideration given
Type of warranty, delivery, and acceptance
Other ways of acquiring/losing real property
Partitioning property ( court ordered division of property when one or more co-owners disagrees)
Dedication by deed (land that has been put aside for public use)
Public Grant
Adverse possession (possession of property for at least five years claim ownership)
Accession ( accretion, alluvion, avulsion, reliction)
Alienation/involuntary alienation (willingly or unwillingly to sell or giveaway ownership)
Voluntary alienation the grantor made decision to transfer his property to another.
Transfer of title by descent
Property owner, dies intestate
Title of deceased persons, community property passes to the spouse
Title of deceased persons, separate property passes to the heirs
Spouse and close blood relatives
Children, illegitimate, children, or adopted children
Deceased’s parents
Brothers and sisters
What do you have to prove in order to claim a piece of property through adverse possession?
A) have a public grant land patent document
B) must be dedicated to you by the true owner
C) possession must be open, notorious, continuous, and uninterrupted without permission of the true owner
D) prove the land was acquired through the accumulation of sediments
Possession must be open, notorious, continuous, and uninterrupted without permission of true owner
Which term is defined as the state, government, granting power, license, or real property to a private individual or individuals using the land patent?
Accession
Adverse possession
Dedication by deed
Public Grant
Public Grant
Which term is used to describe when an owner gives or donates glad or an easement for public use?
A session
Adverse possession
Dedication by dean
Public Grant
Dedication by deed
Jerome has four grown children. When he dies, he leaves his home to all four children, making them tenants in common with equal shares. One child wants to live in the house, another wants to use that as an investment property, and to others want to sell it and take the cash. When they can’t agree on a solution, they end up in court and the property——-?
Deeded by appointment
Foreclosed
Partitioned
Transferred via interstate succession
Partitioned
