transfer of title #1 Flashcards
Title insurance
protects buyers and lenders agains any financial loss that might be incurred beacause of title defects discoverd after closing
Abstract of title
is a summary of thee title history.e
chain of title.
history of ownership which shows conveyances and encumbrances. the chain beguins with the current owner and works backwards
markatable titile
is a clean title has no deffects or clouds to which a reasonable buyer would object. it is not necesseraly a perfect title.
insurable title
its one agains there may be known deffects such as easment, but the title compays have notify the parties of the defect and has a greed to insure against it
a clound on the title (aka title defect)
is any encumbrances, such as a lien or inheritance claim, that prevent the seller from having a clear, marketable title.
mechanics lien
A lien created by statute for the purpose of securing priority of payment for the price or value of work performed and materials furnished in construction or repair of improvements to land, and which attaches to the land as well as the improvements.
property tax liens
A tax lien is a legal claim against the property of an individual or business that fails to pay taxes owed to the government
covenant of seisin
the grantor holds title and possession of the property. he has legal Rights that he owns it. The grantor’s warrants that there are no encumbrances and is free of liens
convenient of right to convey
the grantor has the right to convey both titles to and possession of the property
convenant agains encombranses
the grantors assure the grantee that there are no encumbrances against the title other than those identified in public records or the deed itself
the real property owner is called…?
grantor
the new owner of a house is called …?
grantee
convenient of further assurances
the grantor promises to take whatever actions necessary within his power to correct any title defects
convenient of warranty or warranty forever
its the most important convenant, the grantor promises to protect and defend the title against lawful claims made by others.
general warranty
seller warrants or guarantees the title against defects that may have arisen during
the entire life of the property
special warranty
seller only warrants or guarantees the title against defects that may have arisen during the period of ownership of the property.
QUITCLAIM deed
transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.
deed releasing a person’s interest with no warranties. Typically in non-sale situations
special warranty deed
offers protection to the buyer through the seller’s guarantee that the title has been free and clear of encumbrances during their ownership of the property.
bargain a sale deed
indicates that only the seller of a property holds the title and has the right to transfer ownership. This type of deed offers no guarantees for the buyer against liens or other claims to the property, so the buyer could be responsible for these issues if they turn up.
habendum clause
states the property is transferred without restrictions. This means the new owner has absolute ownership of the property upon satisfying their conditions (usual payment in full) and has the right to sell or bequeath the property to an heir and so on.
acknowledgment
means that the party signing the deed indicates that the signature is their own and they signed voluntarily
constructive notice
Signifies that a person should have known as a reasonable person would have.
actual notice
is when a person actually knows about the existence of a fact.
real estate settlement procedures act (RESPA)
ensures that buyers receive an estimate of closing cost at least 3 business days before closing
the closing disclosure (CD)
is a five-page form that provides final details about the mortgage loan you have selected. It includes the loan terms, your projected monthly payments, and how much you will pay in fees and other costs to get your mortgage (closing costs). lenders must provide this at least 3 days before closing
Loan Estimate (LE)
a three-page form that you receive after applying for a mortgage. The Loan Estimate tells you important details about the loan you have requested. The lender must provide you a Loan Estimate within three business days of receiving your application
Prorations
share expenses that either party own at closing are prorated ( divided between) the parties depending on when closing occurs
foreclosure
is a property being sold by the lender due to buyers default
debit is a …?
the charge that a party must pay
credit is a …?
a charge that a party has already paid, an amount that will be reimbursed, or an amount that is promised
property taxes are calculated based on…?
properties assessed value
the first course of action for disputed home warranty claims is typical…?
meditation
if it is unsuccessful the course of action for disputed homes to go through meditation, disputed claims will go to…..?
arbitration
short sale
is a property that the seller, with the lender’s permission, is selling for less than the seller owes against the property
acceleration clause
maybe in effect once a borrower defaults. this clause allows the lender to make the entire loan amount due immediately.
real estate owned (REO)
is the term for a property owned by a lender because it failed to sell in a foreclosure auction after the borrower defaulted on their mortgage
accrued expenses
items that the seller owes on the closing day but that will eventually be paid by the buyer and appears in the seller debit column and the buyer’s credit column