Unit 8 Vocabulary Flashcards
Recording
is the act of placing documents in the public record
constructive notice
is the legal presumption that information has been obtained by an individual through due diligence.
Actual notice
means not only that information of an interest in property is available but also that someone is actually aware of it
Priority
refers to the order of when documents or liens were recorded.
chain of title
the record of a property’s ownership
action to quiet title
If ownership cannot be traced through an unbroken chain, a gap in the chain of title or cloud on the title is said to exist. In such a case, it is necessary to establish ownership by a court action called an
title search
is an examination of the public records to determine whether any defects exist in the chain of title
Abstract Of Title
a summary report of what the title search found in the public records
marketable title
Under the terms of the typical real estate sales contract, the seller is required to deliver to the buyer
certificate of title
is a statement of opinion of the title’s status on the date the certificate is issued.
attorney’s opinion of title
are used in some areas of the country as evidence of title
Title insurance
a contract under which the policyholder is protected from losses arising from defects in the title.
subrogation
When a title company makes a payment to settle a claim covered by a policy, the company generally acquires the right to any remedy or damages available to the insured.
Torrens system
is a legal registration system used to verify ownership of real estate.