Unit 12 - Transfer of Title Flashcards
Define Title
The right to ownership
Define Deed
Document by which the owner transfers the title
How can real estate be transferred?
Voluntary
Involuntary
Will
Decent
What are the requirements for a valid deed?
Consideration Granting Clause Legal Description Signature of Grantor Delivery & Acceptance
Define Voluntary Alienation
Legal term of the voluntary transfer of the title by a deed of conveyance
Define Grantor
The party conveying the property to the grantee
A grantor must be?
Of Legal Age
Of Sound Mind
Define Grantee
The party receiving property from the grantor
Define Consideration
Something of value in exchange for real estate
What are the types of deeds?
General Warranty Deed
Special Warranty Deed
Bargain & Sale Deed
Quitclaim Deed
A General Warranty deed will contain the words?
Convey and warrant
A Special Warranty deed will contain the words?
Remiss, release, alienate & convey
A Bargain & Sale deed will contain the words?
Grant, bargain & sell
A Quitclaim deed will contain the words?
Remiss, release & quitclaim
Define a General Warranty deed
Provides the greatest protection
Grantor is legally bound by certain covenants
What are the covenants in a Warranty Deed?
Covenant of Seisen Covenant against encumbrances Covenant of quiet enjoyment Covenant of further assurance Covenant of warranty forever
Define Covenant of Seisen
Proof of ownership
Define Covenant Against Encumbrances
Warrants that property is free from liens or encumbrances
Define Covenant of Quiet Enjoyment
Guarantees the title will be good against third parties
Define Covenant of Further Assitance
Promise to obtain and deliver a good title
Define Covenant of Warranty Forever
Promise to compensate the grantee if the title fails
Define Special Warranty Deed
Guarantees that:
the grantor received the title
property was not encumbered
Define Bargain & Sale Deed
Contains no express warranties
Implies that the grantor holds title & possession
Define Quitclaim Deed
Provides the least protection
No warranties or covenants
Define Deed in Trust
Conveys real estate to a trustee for the benefit of a beneficiary
Define Trustees Deed
Used when a trustee conveys real estate held in trust to the beneficiary
Define Deed Executed Pursuant to Court Order
Established by state statute
Used to convey title to property that is transferred by court order or by will
Illinois Real Estate Transfer Tax Law
Imposes tax on conveying title to real estate
75 cents per $500
Seller generally pays the tax
Define Involuntary Alienation
The transfer of real estate by law and without the owner’s consent
What are the methods by which involuntary alienation is accomplished?
Foreclosure
Eminent Domain
Adverse Possession
Escheatment
Define Probate
Formal judicial process that determines validity, assets & identifies the beneficiary of a deceased persons property
Define Devise
Gift of real property by will
Define Devisee
Person who receives real property by will
Define Bequest
Gift of personal property by will
Define Beneficiary
Person who receives personal property by will