Unit 6: Transfer Of Title Flashcards
Right to ownership of the land
Title
Proof of ownership (document)
Deed
The transfer of title by gift or sale
Voluntary Alienation
This requires all deeds to be in writing
The statue of frauds
The seller of property is known as the
Grantor
The buyer of property is called
Grantee (receiver)
What are the requirements for a valid deed?
*Grantor must have legal competency to execute the deed
*Must of be legal age (18)
*Must be of sound mind
*Name must be spelled correctly throughout the deed
*Buyers name or names (Grantees) must be listed accurately
What does consideration means in real estate?
Consideration is the “what’s in it for me” element of the deal. It is what each party gives the other party as part of the bargain. Consideration could be the payment of money, the discharge of debt, the performance of services, or anything else of value. Real estate may be transferred with or without consideration.
Words in a deed which transfers ownership from one person to another
Granting clause
This defines the type of ownership being transferred and means “to have and to hold”
Habendum clause
These conditions exist and have to be spelled out in the deed
Exceptions and reservations
an agreement between you and a lender that gives the lender the right to take your property if you fail to repay the money you’ve borrowed plus interest.
A mortgage
transfers real property from the buyer to the seller with the guarantee that the seller holds clear, unencumbered legal title to the property.
A general warranty deed
a deed or other legal paper in which a person relinquishes to another a claim or title to some property or right without guaranteeing or warranting such title.
Quitclaim deed
When a person buys a property they should perform this type of search
Title search (make sure it is free of liens)