Transfer of Title

Question 1

1. A contract. 2. A promise. 3. A guarantee (express or implied) in a document such as a deed or lease. 4. A restriction. (Typical restrictions compel or prevent certain actions by the property owner or uses for the property.)

Answer 1

Covenant

Question 2

A judicial proceeding in which the validity of a will is established and the executor is authorized to distribute the estate property; or, when there is no valid will, a judicial proceeding in which an administrator is appointed to distribute the estate to heirs according to the laws of intestate succession.

Answer 2

Probate

Question 3

A lender who accepts a mortgage as security for repayment of the loan.

Answer 3

Mortgagee

Question 4

The transfer of an interest in property against the will of the owner, or without action by the owner, occurring through operation of law, natural processes, or adverse possession.

Answer 4

Involuntary Alienation

Question 5

When a person who has signed a document formally declares to an authorized official (usually a notary public) that they signed voluntarily. The official certifies that the signature is voluntary and genuine.

Answer 5

Acknowledgment

Question 6

Actual lawful ownership of real property. (This is NOT a document, but rather a concept or theory dealing with ownership.)

Answer 6

Title

Question 7

A deed that implies the grantor owns the property and has the right to convey it, but does not carry any warranties.

Answer 7

Bargain and Sale Deed

Question 8

A written instrument transferring the grantor’s ownership of, or interest in, real property.

Answer 8

Deed

Question 9

Acquiring title to someone else’s real property by possession of it. The possession must be open and notorious, hostile and adverse, exclusive, and continuous for a certain number of years depending on the state. .

Answer 9

Adverse Possession

Question 10

A person appointed in a will to carry out the provisions of the will.

Answer 10

Executor / Executrix

Question 11

A deed in which the grantor warrants the title against any and all defects that might have arisen before or during their period of ownership.

Answer 11

General Warranty Deed

Question 12

1. (noun) Real property transferred in a will. 2. (verb) To transfer real property by will.

Answer 12

Devise

Question 13

A person who borrows money and gives a mortgage to the lender as security.

Answer 13

Mortgagor

Question 14

A deed that grants any interest in property that the grantor may have without making any promises, including the promise that the grantor has any interest in the property being conveyed; often used to clear clouds on title.

Answer 14

Quitclaim Deed

Question 15

Instrument that releases security property from the lien created by a deed of trust; equivalent of satisfaction of mortgage.

Answer 15

Reconveyance

Question 16

A deed in which the grantor warrants title only against defects arising during the time they owned the property, and not against defects arising before their time of ownership.

Answer 16

Special Warranty Deed

Question 17

Refers to someone who has died and left a will.

Answer 17

Testate

Question 18

An individual who makes a will.

Answer 18

Testator

Question 19

When an owner voluntarily transfers an interest to someone else.

Answer 19

Voluntary Alienation

Question 20

A recipient of real property under a will.

Answer 20

Devisee

Question 21

Personal property transferred by a will.

Answer 21

Bequest

Question 22

Deed clause stating a grantor’s intent to transfer an interest in real property.

Answer 22

Granting Clause

Question 23

Receiving money by will.

Answer 23

Legacy

Question 24

Clause included after granting clause in many deeds; begins ‘to have and to hold,’ describing the type of estate granted.

Answer 24

Habendum Clause

Question 25

An instrument authorizing one person (called an attorney in fact) to act as another’s agent, to the extent stated in the instrument.

Answer 25

Power of Attorney