Unit 13 - Title Records Flashcards

1
Q

Define Recording

A

Act of placing documents in the public record

Gives public constructive notice

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2
Q

Define Constructive Notice

A

Legal presumption that info may be obtained by an individual through due deligence

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3
Q

Define Actual Notice

A

Not only is the info available, someone has been given the info and knows it

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4
Q

Define Priority

A

Order of rights in time

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5
Q

Define Chain of Title

A

The record of a property’s ownership

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6
Q

Define Title Search

A

Examination of all public records to determine if any defects exist in chain of title

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7
Q

Define Marketable Title Act

A

Extinguishes certain interests and cures certain defects before root of the title

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8
Q

Define Root of Title

A

Goes back 40 years into the titles history

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9
Q

Define Abstract of Title

A

Summary of what the title search found

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10
Q

Define Marketable Title

A

Must disclose no serious defects
Not expose purchaser to litigation
Convince a well informed purchaser that the property could be sold

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11
Q

Define Certificate of Title

A

Statement of opinion regarding title status on the date certificate issued

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12
Q

Define Abstract & Attorney Opinion

A

An opinion of title status based on review of the abstract by an attorney

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13
Q

Define Title Insurance

A

Contract where policy holder is protected from losses arising from a defective title

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14
Q

Define Standard Title Insurance

A
Protects against 
 defects found in the title
 forged documents
 incorrect marital statements
 improperly delivered deed
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15
Q

Define Extended Title Insurance

A

Covers all things listed in the standard title insurance plus
defects through property inspections
examination of survey
unrecorded liens not known by the policy holder

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16
Q

What is not covered by either policy?

A

Defects and liens listed in the policy
Defects known to the buyer
Changes in land use brought forth by zoning