Unit 12 - Transfer of Title Flashcards

1
Q

Define Title

A

The right to ownership

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2
Q

Define Deed

A

Document by which the owner transfers the title

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3
Q

How can real estate be transferred?

A

Voluntary
Involuntary
Will
Decent

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4
Q

What are the requirements for a valid deed?

A
Consideration
Granting Clause
Legal Description
Signature of Grantor
Delivery & Acceptance
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5
Q

Define Voluntary Alienation

A

Legal term of the voluntary transfer of the title by a deed of conveyance

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6
Q

Define Grantor

A

The party conveying the property to the grantee

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7
Q

A grantor must be?

A

Of Legal Age

Of Sound Mind

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8
Q

Define Grantee

A

The party receiving property from the grantor

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9
Q

Define Consideration

A

Something of value in exchange for real estate

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10
Q

What are the types of deeds?

A

General Warranty Deed
Special Warranty Deed
Bargain & Sale Deed
Quitclaim Deed

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11
Q

A General Warranty deed will contain the words?

A

Convey and warrant

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12
Q

A Special Warranty deed will contain the words?

A

Remiss, release, alienate & convey

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13
Q

A Bargain & Sale deed will contain the words?

A

Grant, bargain & sell

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14
Q

A Quitclaim deed will contain the words?

A

Remiss, release & quitclaim

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15
Q

Define a General Warranty deed

A

Provides the greatest protection

Grantor is legally bound by certain covenants

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16
Q

What are the covenants in a Warranty Deed?

A
Covenant of Seisen
Covenant against encumbrances
Covenant of quiet enjoyment
Covenant of further assurance
Covenant of warranty forever
17
Q

Define Covenant of Seisen

A

Proof of ownership

18
Q

Define Covenant Against Encumbrances

A

Warrants that property is free from liens or encumbrances

19
Q

Define Covenant of Quiet Enjoyment

A

Guarantees the title will be good against third parties

20
Q

Define Covenant of Further Assitance

A

Promise to obtain and deliver a good title

21
Q

Define Covenant of Warranty Forever

A

Promise to compensate the grantee if the title fails

22
Q

Define Special Warranty Deed

A

Guarantees that:
the grantor received the title
property was not encumbered

23
Q

Define Bargain & Sale Deed

A

Contains no express warranties

Implies that the grantor holds title & possession

24
Q

Define Quitclaim Deed

A

Provides the least protection

No warranties or covenants

25
Q

Define Deed in Trust

A

Conveys real estate to a trustee for the benefit of a beneficiary

26
Q

Define Trustees Deed

A

Used when a trustee conveys real estate held in trust to the beneficiary

27
Q

Define Deed Executed Pursuant to Court Order

A

Established by state statute

Used to convey title to property that is transferred by court order or by will

28
Q

Illinois Real Estate Transfer Tax Law

A

Imposes tax on conveying title to real estate
75 cents per $500
Seller generally pays the tax

29
Q

Define Involuntary Alienation

A

The transfer of real estate by law and without the owner’s consent

30
Q

What are the methods by which involuntary alienation is accomplished?

A

Foreclosure
Eminent Domain
Adverse Possession
Escheatment

31
Q

Define Probate

A

Formal judicial process that determines validity, assets & identifies the beneficiary of a deceased persons property

32
Q

Define Devise

A

Gift of real property by will

33
Q

Define Devisee

A

Person who receives real property by will

34
Q

Define Bequest

A

Gift of personal property by will

35
Q

Define Beneficiary

A

Person who receives personal property by will