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