1 NORFOLK COUNTY REGISTRY OF DEEDS GLOSSARY OF TERMS A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Abstract of Title A summary of records affecting title to a subject property. Acceptance Action of offeree in agreeing to terms of an offer, thereby creating a contract. Acceleration Clause A provision in a mortgage or other contact that gives a party (such as a lender) a right to demand immediate payment of an entire principal balance. Acknowledgment A certification, usually before a notary, that a document is the act and deed of the declarant. Adjustable-rate Mortgage (ARM) A mortgage under which the lender may change the interest rate periodically on the basis of changes in a specified index. Adjustment Period The length of time between the adjustment dates for an adjustable-rate mortgage (ARM). Administrator Personal Representative, the person who is appointed to administer the estate. Administratrix Personal Representative, the person who is appointed to administer the estate.
2 Adverse Possession Control or occupancy of real property under circumstances that indicate that such use is by right on the part of the possessor. Adverse possession may establish title if continued a certain period of time, at common law, twenty years. Amortization The gradual repayment of a mortgage loan or other obligation by installments. Amortization Schedule A timetable for payment of a mortgage loan. An amortization schedule shows the amount of each payment applied to interest and principal and shows the remaining balance after each payment is made. Annual Percentage Rate (APR) The cost of credit expressed as an annual rate. It is defined and calculated by using a formula set by federal law and disclosed to the borrower to aid in comparing different credit plans. All finance charges imposed by a lender are included in this calculation, and an APR is always higher than the simple interest rate when such finance charges such as points, origination fees or mortgage insurance are charged by a lender. Appraisal Process of valuing property, or a real estate professional s estimate of a property s value. Assessment The process of placing a value on property for the purpose of taxation. This term may also refer to a levy against property for a special purpose, such as a sewer assessment. Assignment A transfer of contract rights to another; for example, assignment of a mortgage or lease. Assignment of Mortgage Because a mortgage is an interest in real estate, the assignment of a mortgage is a conveyance of a legal estate in the mortgaged premises. In an assignment the holder of the mortgage (Assignor) conveys the mortgage to the Assignee. The assignee then holds all rights to the mortgage and becomes the person/entity which can discharge it. Assumption Taking on a responsibility, such as where a buyer of real property agrees to assume responsibility for payments on an existing mortgage. Attachment A lien or seizure of property created by legal process.
3 Attorney-in-fact A person authorized to act on behalf of another, usually by grant of a written power of attorney. B Bequest A gift of personal property by will. Beneficiary A person designated to receive the income or other proceeds, as from a trust or estate. Binder A preliminary agreement, secured by the payment of an earnest money deposit, under which a buyer offers to purchase real estate. Bridge Loan A form of second mortgage that is collateralized by the borrower's present home (which is usually for sale) in a manner that allows the proceeds to be used for closing on another property before the present home is sold. Broker An agent who negotiates contracts for purchase and sale. In Massachusetts, real estate brokers and salespersons are licensed by the state Real Estate Board. C Capital Gain Profit made from sale of an asset. Certificate of Title The current state of a registered land title is noted on both the front and back of the certificate of title. Citation (Cite) Reference to legal authority, such a case, statute, regulation or ordinance. Chain of Title The history of all of the documents affecting title to a parcel of real property, starting with the earliest existing document and ending with the most recent.
4 Closing In a real estate transaction, a meeting in which the deed is delivered to the buyer, payment is made to the seller, title is transferred, and agreed-on costs are paid. Also called "settlement." Cloud on Title Any condition which adversely affects a title to real estate. Commitment In real property, a lender s agreement to provide mortgage funding to a borrower. Condemnation The determination that a building is not fit for use or is dangerous and must be destroyed; or, the taking of private property eminent domain. Condex Condominium with only two units, often a two family house subject to the condominium statute. Condominium A form of real estate ownership in which a property is divided into individually-owned units and common areas, the common areas being owned by the unit owners in undivided shares. Condominium Plans Recorded land (Registry) condominiums must have floor plans, but not site plans; although the majority of recorded land condominiums do have site plans. Registered land (Land Court) condominiums must have a site plan and floor plans. A condominium site plan shows, among other things, the dimensions of the exterior of the buildings, tied to the lot lines. Floor plans show the layout, location, unit numbers, and dimensions of the units. Consideration The price or thing (tangible or otherwise) given in exchange as part of an agreement or contract. For example, in a purchase and sale of real estate, the considerations are the buyer s money and the seller s property. Contingency A condition that may affect whether a contract is binding. For example, residential purchase and sale agreements often include mortgage commitment or home inspection contingency provisions. Conventional Mortgage A mortgage that is not insured or guaranteed by the federal government.
5 Convertible ARM An adjustable-rate mortgage (ARM) that can be converted to a fixed-rate mortgage under specified conditions. Cooperative A form of ownership in which the residents of a multiunit housing complex own shares in a cooperative corporation which owns the property and each resident the right to occupy a specific apartment or unit. Co-ownership Ownership of property by more than one person. Corporation A form of business organization in which the business is a legal entity separate from its owners and employees. Corporations can act, own property, or have claims brought against them in their own name, as compared, for example, to a sole proprietorship, in which all legal benefits and liabilities (even where a business name is used) are personal to the owner. Counterclaim Claim made by the Defendant against the Plaintiff in a lawsuit. Covenant Promise in a deed that affects or limits the use of the conveyed property. Curtesy Common law rights of a widower in real estate owned by his deceased wife during their marriage. In Massachusetts, common law curtesy has been abolished and replaced with gender-neutral dower rights. D DBA Doing Business As. Declaration of Condominium Master Deed creating a condominium. Deed A written instrument/document by which land is conveyed Deed in Lieu of Foreclosure Deed used by a borrower surrendering title to his/her property to prevent lender foreclosure.
6 Deed of Trust Document creating security interest in real property in which title is held by a trustee until the borrower repays the beneficiary (lender) in the amount of the loan. Used in some states for the essentially the same purposes as a mortgage. Default Failure to comply with a contractual obligation or another duty. Devise Gift of real property by will. Discharge of Mortgage A mortgage is released (discharged) by the executing and recording of a Discharge of Mortgage from the mortgagee to the mortgagor. Also referred to as Satisfaction or Release of Mortgage. DOR Massachusetts Department of Revenue. Dower At common law, rights of a widow in real estate owned by her deceased husband during their marriage. Under Massachusetts statute, dower rights are gender neutral. E Easement The right to use the land of another for a specific purpose. Easements may be temporary or permanent. Example: A utility company easement across a property to run electric lines. In the simplest of terms an easement is the right to use the land of another. Easement Appurtenant Easement that benefits a particular tract of land; generally an access easement or right of way. Easement in Gross An easement that does not benefit a particular tract of land; e.g. utility easements that run through all parcels of land in an area. Eminent Domain Process of governmental entity taking title to private property for public purposes. Encumbrance A claim or liability that is attached to property and that may lessen its value, such as a lien or mortgage.
7 Environmental Protection Agency (EPA) Governmental agency responsible for the enforcement of environmental laws. Escheat Process whereby property of a decedent is given to the state because of no available heirs. Escrow Process whereby details of property transfer, payments, and deed conveyance are handled by a third party. Executor Personal Representative, the person who is appointed to administer the estate. Executory Interest Future interest that is not a remainder and not an interest in the grantor. Executrix Personal Representative, the person who is appointed to administer the estate. F Fee Term to refer to an inheritable interest in land. Fee Simple Highest land interest; full title; right to convey or transfer by will or mortgage without restriction. Fee Simple Absolute Another term for fee simple. Fee Simple Defeasible A fee simple estate that can be lost by violation of a condition or use restriction placed in the transfer by the grantor. Fee Simple Determinable Full title to land so long as certain conduct is avoided; e.g., "To A so long as the premises are never used for a bar." Fee Simple subject to a condition subsequent Full title provided that there is compliance with a condition; e.g., "To A upon the condition that the property is used for school purposes." Fee Tail Full title restricted in its passage to direct descendants of the owner.
8 Fiduciary Party in position of trust and confidence with another; an agent or trustee. Financing Statement Document filed to protect a security interest; must contain information about the parties and description of the collateral. Fixtures Personal property that becomes attached to and is so closely associated with real property that it becomes a part of the real property. Foreclosure Process of selling mortgaged property to satisfy the debt owed by the defaulting mortgagor. Forfeiture Loss of rights; in a contact for deed, the loss of all interest in the property for nonpayment. Freehold Estates uncertain or unlimited in their duration. G Gift At law, a transfer of property without consideration with donative intent by actual or constructive delivery. Grantee In the strictest sense a grantee is a person or entity to which an interest in property is conveyed, or is claiming an interest against the grantor/owner. As noted in the index and abstracts the term grantee, in most cases, refers to the party that is claiming or receiving an interest in the property. Grantor In the strictest sense a grantor is a person or entity who is a seller or owner of interest in property. As noted in the index and abstracts the term grantor, in most cases, refers to the property owner. Grantee Index An index alphabetically listing the grantees by name, and showing the book and page numbers of the grantee s recorded transactions.
9 Grantor Index An index alphabetically listing the grantors by name, and showing the book and page numbers of the grantor s recorded property transactions. H Hazardous Substance Response Trust Fund Fund created under federal environmental laws; known as the Superfund for use in cleanup of toxic waste. Heirs Persons entitled to a portion of a decedent s estate. Homestead Debtor protection that entitles the debtor to a certain amount in real property that is exempt from attachment by creditors. I Index An alphabetized listing. Injunction Equitable remedy; court order requiring a party to perform an act or cease certain conduct; e.g. to stop trespassing. Installment Land Contract A contract for deed; method of selling property in which the seller serves as the financier for the buyer and the purchase; seller holds onto the title until there has been payment in full under an installment payment plan. Interstate Land Sales Full Disclosure Act (ILSFDA) Federal law regulating the sale of property across state lines; requires advance filing of sales of minerals, mandatory disclosure of certain information, and prohibitions on promises about the land s future development. Inter Vivos During the life; while alive; e.g., an inter vivos gift. Intestate Death without a will.
10 Intestate Succession Statutory method for distributing the property of those who die without a will (intestate). Involuntary Lien Lien that does not result from a contractual arrangement; e.g., a tax lien or a judicial lien. J Joint tenancy Method of co-ownership that gives title to the property to the last survivor. K L Lease Agreement between the owner of land and another for the use and occupation of the land. Lease-purchase Financing method that permits potential buyers to lease property for a period with an option to buy. Legacy Gift of money by will. License Revocable right to enter another s property. Lien Interest in real property that serves as security for repayment of debt. Life Estate Interest in land that lasts for the life of the grantee. Life Tenants Those who hold a life estate in property.
11 Limited Partnership A partnership with at least one general partner in which limited partners can purchase interest and be held liable only to the extent of their interest and not risk personal liability. Lis pendens "Suit or action pending"; document recorded with the land records to indicate a suit involving the land is pending. M Marketable Title Form of title generally required to be delivered at the sale of property; property is free from liens and no defects in title other than those noted or agreed to. Master Deed In a condominium development, the document recorded to reflect the location of the project and the individual units. Master Plan General plan for zoning. Mechanic s Liens Liens placed on real property to secure the amount due to those who performed the work or supplied materials for improvements or other projects on the land. Metes and Bounds Method of land description that begins with a permanent object and then through distances and directions describes the parcel of land. Mortgage Lien on real property used to secure a debt; a device for providing security to a lender by creating a lien against a specific piece of real estate. Mortgage Survey Plan Minimal drawing done at the behest of a lender who wants to make sure there is a structure on the property they are lending money on. Not recorded at the Registry. Mortgagee Lender, or party who holds the mortgage lien. Mortgagor The person or entity who mortgages the property; the borrower, the owner.
12 Mutual will Wills of parties that are reciprocal in their distribution; usually based on a contract to make a will; generally enforceable. N National Pollution Discharge Elimination System Permit system that requires EPA approval for water discharges. Negative Easement An easement that prohibits a property owner from doing something that affects the property of another. Nonconforming Use In zoned areas, a use that does not comply with the area s zoning but that existed prior to the time the zoning was effective. Noncumulative Classifications Method of zoning in which use in a particular area is limited to the zoned use; e.g., industrial zones cannot include residential buildings and apartment areas cannot include single-family dwellings. Nonfreehold Estates Land interests that are limited and certain in their duration. Notice Statute Form of recording statute that gives later bona fide purchasers priority in the case of multiple purchases for the previous purchaser s failure to give notice by recording their transactions. O Offer Initial communication in contract formation that, if accepted, results in the formation of a contract. Open Listing Listing that pays commission to whichever broker or salesperson sells the property; permits the owner to list with more that one broker and be liable for only one commission.
13 Option Right to purchase property during a certain period of time. This right is paid for with consideration. Ordinances Laws passed on a local level of county, state or city governments. P Personal Representative, the person who is appointed to administer the estate Per Stirpes Method of distributing property to heirs whereby those closer in relation to the decedent receive greater shares. Plan of Land Property can be adequately described by reference to a specific lot on a recorded (Registry) or registered (Land Court) plan or to a plan to be recorded herewith. These plans show the dimensions of the lot, they do not show the buildings thereon. Plat Map Method of land description that relies on a recorded map of a subdivision, with each deed making reference to the map and the particular lot being conveyed. Plot Plan Drawing done showing the dimensions of a lot and the structures on it as they relate to the lot lines. Usually done for zoning purposes but do not meet strict recording requirements for plans to be recorded. Posthumous heirs Heirs born after the death of the decedent. Premises The words of conveyance in a deed; e.g., "do hereby grant and convey." Prepayment penalty Clause in mortgage or promissory note that requires the mortgagor to pay an additional charge for paying off the loan early. Prescription Process of acquiring an easement through adverse use of the easement over a required period of time.
14 Probate Process of collecting the assets of a decedent; paying the decedent s debts, determining the decedent s heirs, and distributing the property to the heirs. Promissory note Two-party debt instrument that, in real estate, is generally secured by a mortgage or a deed of trust or some other interest in real estate. Purchase Money Mortgage A mortgage used to secure a debt for the funds used to buy the mortgaged property. Q Quasi-easement A right-of-way as it existed when there was unity of ownership in a parcel of land. Quiet Title Action Court action brought to determine the true owner of a piece of land. Quitclaim Covenants The grantor promises to convey his/her title, free from all encumbrances made by the grantor. Quitclaim Deed In Massachusetts A deed that guarantees that the title that the grantor is transferring is as good as that which is received. In Other States A deed that serves to transfer title if the grantor has any such title; there are no guarantees that the grantor has any title or good title. (In Massachusetts, such a deed is called a release deed.) R REIT Real estate investment trust - form of real estate syndication in which investors hold trust estates and enjoy profits of trust s real estate holdings. RESPA Real Estate Settlement Procedures Act - federal statute regulating disclosure of closing costs in advance and prohibiting kickbacks for referring customers to title companies.
15 Recission Right to treat a contract as if it never existed; rescind contract rights; generally appropriate in cases of fraud and misrepresentation. Recording Process of placing a deed or other document on the public records to give notice of a transaction or interest in land. Recorded & Registered Land There are two types of land records in Massachusetts, recorded (Registry) and registered (Land Court). All land is in one category or the other, but it is possible for a single parcel to be in both types. Recorded land constitutes about 80% of the property in Norfolk County. Recorded Land (Registry) The act of filing papers on recorded land is known as recording. The papers being filed are known as instruments. Recorded land instruments are assigned a book and a page number. All recorded land instruments are later returned to the designated addressee. Refinancing Negotiating a new loan for real estate; generally done to obtain a lower rate or in the case of a sale to allow the buyer to purchase the property. Registered Land (Land Court) The act of filing papers on registered land is known as registering. The papers being filed are known as documents. Registered land documents are assigned a document number and noted on a certificate of title. All registered land documents remain at the Registry. The Land Court controls and supervises registered land. The Commonwealth guarantees and insures the title to land that is registered. Registry of Deeds The Registry of Deeds houses all of the records affecting real estate in the county in where said Registry is located. Recording or registering a document/instrument puts the world on notice of that particular transaction. Release of Mortgage See Discharge of Mortgage Remainder A future interest in someone other that the grantor; a remainder follows a life estate. Reverse Mortgage A mortgage in which the borrower receives the equity in the home in a lump sum or in separate payments, and the payback is deferred until the house is sold. Usually available to people 62 years of age or older.
16 Reversion Future interest in grantor that results after life estate terminates and no remainder interest was given. Right of Entry Future interest in grantor that results after the life estate terminates and no remainder interest was given. Right of Redemption In mortgage foreclosures, the right of the mortgagor to redeem his or her property for six months after the foreclosure sale by paying off the debts and costs of the foreclosure. Rule Against Perpetuities Rule that prohibits the control of estates from the grave; provides a cap on use restrictions on contingent remainders and executory interests. S Satisfaction of Mortgage See Discharge of Mortgage Security Deposit In a lease, the amount of money prepaid by the tenant to secure performance of a lease and often provides the amount of liquidated damages if the tenant does not perform. Self-proving Will A will that is acknowledged or notarized and thereby enjoys the presumption of validity. Servient Estate or Tenement Land through which an easement runs or which is subject to the easement. Sheriff s Deed Form of title given to a buyer at a mortgage foreclosure sale; carries no warranties. Soldier s and Sailor s Civil Relief Act A Federal law that provided time limitations on foreclosures involving those in active military service. Special Warranty Deed A deed in which the property transferred is warranted to be free of all liens or encumbrances made by, through, or under the grantor. In Massachusetts, such a deed is referred to as a quitclaim deed. Note: the term "quitclaim deed" has a different meaning in other states.
17 Specific Performance Equitable remedy that requires a party to a contract to perform the contract promise or promises. Statute of Frauds Statue dictating what types of contracts must be in writing to be enforceable. Contracts concerning real estate must comply with the statute of frauds. Subordination of Mortgage The holder of an earlier mortgage allows the lien of a new mortgage holder to have priority in the chain of title. Subdivision Parcel of land developed with building lots, streets, homes, parks, etc... Sublease Arrangement in which a tenant leases rental property to another, and the tenant becomes the landlord to the subtenant. Subordinate Mortgage Mortgage with a lesser priority than a preexisting mortgage. Surety One who stands as a guarantor for an obligation; as in payment or performance bond. T Taking Term used to describe the government action of using private property for public purposes. Tax Deed Form of title given in the event property is sold to satisfy taxes; carries no warranties. Tax Lien Lien placed on property for amount of unpaid taxes. Tax Sale Foreclosure sale on property for nonpayment of taxes. Tenancy by the Entirety Form of co-ownership between a husband and wife; a joint tenancy. Husband and wife each own the entire property.
18 Tenancy in Common Simplest form of co-ownership. Each owner owns their percentage of the property. Testamentary Disposition by will. Time-sharing Properties Form of multiunit housing in which owners own the unit for a limited period of time during each year. Title Abstract Summary of the history of title to a parcel of land. Title Insurance Insurance that pays the buyer of property in the event certain title defects arise. Title Theory Theory of mortgage law that puts title in the mortgagee and possession in the mortgagor. Torrens System System for recording land titles designed to prevent the selling of the same parcel of land to more that one person. Tract Index Form of land record that keeps history of title through identifications within the particular tract. Trustee Third party responsible for handling the property of another; as in deed of trust or real estate investment trust. U UCC Uniform commercial code - uniform statute adopted in most states that governs commercial transactions; Article IX deals with security interests and fixtures. Usury Charging interest rates in excess of the statutory allowed maximums.
19 V Variances Approved uses of land outside the scope of an area s zoning. Vested Remainder A remainder that will automatically take effect when the life estate ends. Voluntary Lien A lien created because of a contract as opposed to a tax lien, which is involuntary. W Waiver An intentional or voluntary relinquishment of a known right. Warranty A promise that a proposition or fact is true. Warranty Deed Deed that conveys title and carries warranties that the title is good, that the transfer is proper, and there are no liens and encumbrances other than as disclosed in the deed. Way A passage, path, road, or street, or a right of passage over land. Wetlands Lands on which water covers the soil or is present either at or near the surface of the soil all year or much of the year, such as swamps and marshes. Wetlands are subject to extensive government regulation, and there are variations among legal definitions in use. Will Document by which a person (testator) makes a disposition of property to take effect after his/her death. Wrap-around Mortgage A form of loan transaction, sometimes used in seller-financing, in which the lender assumes (or continues to have) responsibility for a preexisting mortgage (i.e., the new mortgage wraps around the first).
20 X Y Z Zoning Local government land use regulations, including provisions permitting or prohibiting particular uses (such as business or residential) in defined areas.
COMMON TERMS ACCESS: The right to enter and leave a tract of land to or from a public right of way, often necessitating the right to cross lands privately owned by others. ACKNOWLEDGMENT: The act by which
Administrator - A person given authority by a proper court to manage and distribute the estate of a deceased person when there is no will. AFFIDAVIT A written statement or affirmation made under penalty
In class work with answers for chapter 7-14 1. What does it mean for the government to have governmental powers? Government powers supersede individual rights to real estate for the protection of the general
Glossary of Terms Greenville County Register of Deeds Disclaimer: This glossary of terms was compiled by Greenville County solely as a public service. Greenville County does not warrant the accuracy of
Sales Associate Course Chapter Nine Titles, Deeds and Ownership Restrictions Copyright Gold Coast Schools 1 Title to Real Property Title - ownership enforceable by law Equitable title right to gain ownership
Real Estate Principles of Georgia Lesson 5: Encumbrances 1 of 64 105 Encumbrances Encumbrance: A nonpossessory interest in real property held by someone other than the owner. Does not give ownership or
Transfer 1 Title Transfer When the title changes hands, this is called alienation. 2 Involuntary Alienation Involuntary Transfer of Title Without the owner s consent. 3 Involuntary Transfer of Title The
How a Lady Bird Deed Works These deeds are also called enhanced life estate deeds. With a standard life estate deed, you could name a beneficiary to inherit your property while you keep ownership of it
Quiz 6 A) evidentiary notice. B) clear notice. C) constructive notice. D) actual notice. A) seller. B) lender. C) purchaser. D) adjoining landowners. 3. In a general warranty deed, the grantor warrants
LIMITED PRACTICE OFFICER EXAM SUGGESTED STUDY TOPICS REVISED JULY 2009 The following suggested study topics have been prepared by the Limited Practice Board. Since the successful LPO exam applicant will
Escrow & Evidence of Title 1 Chapter 13 2 Escrow Escrow acts as a neutral third party. Hawaii s Escrow Act of 1967: Maintain a minimum net capital or obtain bonding. Be a corporation. Subject to annual
Escrow & Evidence of Title Chapter 13 Escrow Escrow acts as a neutral third party. Hawaii s Escrow Act of 1967: Maintain a minimum net capital or obtain bonding. Be a corporation. Subject to annual audit.
1. DEEDS & TRANSFER I. Definitions II. A. Deed: The evidence of ownership of all the real property which is inside the property boundaries as defined by the property description in the deed. In a transfer
5 Encumbrances and Liens Encumbrances Easements Encroachments Licenses Deed Restrictions Liens Foreclosure ENCUMBRANCES An encumbrance is an interest in and right to real property that limits the legal
Real Estate 63-Hour Sales Associate Pre-Licensing Course Topics Covered & Learning Objectives Lesson 1: Administrative Matters And Course Overview; The Real Estate Business Describe the various activities
i Recording Requested By and When Recorded Mail To: Tacoma Sewer Utility Conservation Loan Program 2201 Portland A venue Tacoma, Washington 98421 DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY
MODULE 8-2: REAL ESTATE TAX LIENS LEARNING OBJECTIVES When you have finished reading this chapter in your text, you should be able to: Identify the various classifications of liens. Describe how real estate
EXAM REVIEW COURSE MANUAL I. LEGAL ASPECTS A. PROPERTY 1. Real Property 2. Fixtures 3. Run with the Land 4. Personal Property B. ESTATES 1. Freehold a. Fee Simple Estates (Fee Estate) b. Fee Simple Defeasible
National Practice Questions II. Forms of Ownership, Transfer, and Recording of Title 1. John gave a house to his daughters Mary and Sally. Sally dies. Mary inherits all of the house over the objections
Glossary of Title and Real Estate Terms Abstract- A history of all transactions shown in the public records affecting a particular tract of land. Abstract Plant- See Title Plant. Adjustable Rate Mortgage
Glossary of Real Estate Terms Glossary of Real Estate Terms The real estate industry has its own unique language and, without some knowledge of this language, you may find yourself a bit confused if you
ABSTRACT OF JUDGMENT: A condensation or summary of the essential provision of a court judgment. ABSTRACT OF TITLE: A summary of the condition of title based on an examination of public records. ACCELERATION
Glossary of Title Insurance Terms abstract of title The condensed history of the title to a particular parcel of real estate, consisting of a summary of the original grant and all subsequent conveyances
CHAPTER 1: THE CONCEPT OF PROPERTY RELATED TO WILLS, TRUSTS, AND ESTATE ADMINISTRATION MATCHING a. chattel b. chose in action c. nonprobate property d. intestate succession statutes e. joint tenants f.
RESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME  THE BASICS OF PROPERTY Chapter 7. DIVISION ONE: DEFINITIONS Meanings of Property Property as a Relation Separation
OWNERSHIP (REAL PROPERTY CHARACTERISTICS, DEFINITIONS, OWNERSHIP, RESTRICTIONS, AND TRANSFER) Property is everything subject to ownership (also known as title). Tangible (corporeal) means physical items
A B C D E F G H I J L M N O P Q R S T U V W Z A Adjoining In actual contact with another object (i.e., attached). Same as Contiguous. Agent An individual/entity who transacts, represents, or manages business
A13. Real Estate Fundamentals: A Primer for New Land Trust Staff Friday, October 12 10:30 a.m. - Noon Room 407 Session Faculty: Steve Swartz Rally 2018: The National Land Conservation Conference Pittsburgh,
Chapter 13 Questions Title Records 1. Which of the following is acceptable evidence of marketable title? a. A trust deed b. A warranty deed c. A title insurance policy d. An affidavit 2. When a claim is
Real Estate Principles Chapter 1: An Introduction to Real Estate The Real Estate Industry Real Estate Transactions Real Estate Brokerage Real Estate as a Career Real Estate and the Law Chapter 2: The Nature
Module 3: Legal Issues Glossary Abstract of Title: An abstract is a summary of all actions relating to the history of a property. Liens, zoning changes, judgments, and recorded easements are some of the
Montana Land Title Association 2015 Fall Education Seminar The Difference Between Mortgages and Trust Indentures in the Foreclosure Process November 5, 2015 Kevin Heaney, Crowley Fleck, PLLP Familiarize
TEXAS INTERACTIVE STUDY GROUP 1 UNIT 5: JOHN MATHIS CONTRACTS Study Group Information 2 Information regarding the Study Group may be found at: www.kapre.com/txisg At this location you will find: Calendar
Chapter 52 Transfer and Control of Real Property A. Contract of Sale Marketable Title Title free from 1. encumbrances (such as mortgages, easements, liens, leases, and restrictive covenants) 2. defects
OUTLINE OF PRESCRIBED 90 HOUR PRELICENSE CURRICULUM FOR This is an outline of the prescribed curriculum for the Arizona real estate broker's prelicense course. The course comprises a minimum of 90 hours
ELEMENTS OF REAL PROPERTY Real property consists of: Land: including the soil on the surface of the earth, all of the water, minerals, oil, and gas contained on or below the surface, and most of the airspace
SYLLABUS Law 257 - REAL ESTATE TRANSACTIONS AND LITIGATION I. COURSE OVERVIEW/INTRODUCTION (August 27) II. REAL ESTATE BROKERS AND SALES AGENTS (August 27; September 3) A. INTRODUCTION B. SOURCES OF RELEVANT
MORTGAGE THIS INSTRUMENT ( Mortgage ) WITNESSES That and, whose address is (individually, collectively, jointly, and severally, Mortgagor ), in consideration of One Dollar ($1) and other good and valuable
NORTH CAROLINA DEED OF TRUST NORTH CAROLINA HOUSING FINANCE AGENCY $15,000 DPA Program Only After recording, return the executed document back to the Originating Lender (not NCHFA) within 24 hours of closing.
DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS THIS DEED RESTRICTION AGREEMENT (the "Agreement") is entered into this day of, 201_ (the "Effective
OWNERSHIP (REAL PROPERTY CHARACTERISTICS, DEFINITIONS, OWNERSHIP, RESTRICTIONS, AND TRANSFER) Property is everything subject to ownership (also known as title). Tangible (corporeal) means physical items
MOCK EXAM 1 Answer Key 1. C Explanation: An open-end loan is one that permits the borrower to reborrow the money he has repaid on the principal, usually up to the original loan amount, without executing
This is an outline of the prescribed curriculum for the Arizona real estate salesperson's pre-license course. The course comprises a minimum of 90 hours of classroom instruction and is one prerequisite
THIS INSTRUMENT PREPARED BY: The maximum principal indebtedness for Tennessee recording tax purposes is $0 (Governmental Entity) Tennessee Housing Development Agency 502 Deaderick Street, Third Floor Nashville,
RECORDER S STAMP: This document must be executed in duplicate, and original executed documents must be provided to each party. The Seller must cause this document to be recorded within 20 days after it
DEED OF TRUST PUBLIC TRUSTEE THIS DEED OF TRUST is a conveyance in trust of real property to the Public Trustee of the county in Colorado in which the Property described below is located. It has been signed
CHAPTER 7 SHORT-ANSWER QUESTIONS 1. The earliest method of transferring title to real property was by the of by the owner to another. 2. There are at present four basic ways land can be transferred from
New York State Department of Taxation and Finance TP-584-I Instructions for Form TP-584 (10/03) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption
Chapter 1: PROPERTY AND LEGAL DESCRIPTIONS The first thing an appraiser must determine is what property rights are being appraised. At the beginning of any discussion about property, it is important to
CHAPTER 14 REAL PROPERTY PRACTICE PART I. BASIC REAL ESTATE ACQUISITION DOCUMENTS AND SPECIAL CONSIDERATIONS FOR SHORT SALES AND DISTRESSED PROPERTIES. A. The Listing Agreement. 1. (14.1.1) General Purpose.
Chapter 6: Interests in Land History An * in the left margin indicates a change in the statute, rule or text since the last publication of the manual. I. Introduction Modern real property law has evolved
Exam Identification Number: PLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS Professor Donahue Date Time PART I [I mocked this up to make it look as much
title & escrow resource guide i n t e g r i t y g r a ti t u d e t e a m w o r k c w ti t l e. n e t WHAT IS TITLE INSURANCE? why do I need it? What is Title Insurance? A title insurance policy is a contract
NATIONAL INTERACTIVE STUDY GROUP UNIT 3 QUESTIONS National Interactive Study Group 2 SESSION 3 JOHN MATHIS Notes for Tonight 3 1. To MUTE your phone line use *6 2. To UNMUTE your phone line use #6 3. Chat
280-RICR-20-10-1 TITLE 280 DEPARTMENT OF REVENUE CHAPTER 20 DIVISION OF TAXATION SUBCHAPTER 10 PERSONAL INCOME TAX PART 1 Withholding Tax on the Sale of Real Property by Nonresidents 1.1 Purpose The purpose
OWNERSHIP AND TITLE: How, Who and What Course Outline: OWNERSHIP AND TITLE: HOW, WHO AND WHAT This course educates the residential real estate agent in the various types of estates in land, the interests
Maine Revised Statutes Title 33: PROPERTY Table of Contents Chapter 1. CONTRACTS FOR SALE OF REAL ESTATE... 3 Chapter 3. STATUTE OF FRAUDS... 5 Chapter 5. RULE AGAINST PERPETUITIES... 7 Chapter 6. AFFORDABLE
S GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 00 SENATE BILL 0 Judiciary I Committee Substitute Adopted //0 Third Edition Engrossed //0 PROPOSED HOUSE COMMITTEE SUBSTITUTE S0-CSST- [v.] //00 :: PM D Short
Declaration of Lien Interest - Instructions The Declaration of Lien Interest enforces the repayment of the outstanding assistance in the event of a refinance of the first mortgage, sale of the home, or
CONTRACT FOR SALE OF REAL ESTATE This is a CONTRACT between (hereinafter Seller or Sellers) and (hereinafter Buyer or Buyers), dated this day of,. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Morgan Hill 17575 Peak Avenue Morgan Hill, CA 95037 Attention: Community Development Agency EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 27383
Mississippi Condo Statutes West's Annotated Mississippi Code Title 89. Real and Personal Property Chapter 9. Condominiums 89-9-1. Short title This chapter shall be known and may be cited as the "Mississippi
1. A bill of sale is used to transfer the ownership of a. real property b. fixtures c. appurtenances d. personal property D. PERSONAL PROPERTY 2. The uniqueness of land and its inability to be substituted
The 5 Shifts You Must Take in Order to Make $10,000 to $20,000/month Flipping Houses by Daniel Wiafe, the House Flipping Ninja, Host of HGTV's Flipping the Heartland reality TV show, Real Estate Entrepreneur
BANK FINANCE AND REGULATION Multi-Jurisdictional Survey SECURITY OVER COLLATERAL USA - MINNESOTA Briggs and Morgan, P.A. CONTACT INFORMATION Steven J. Ryan Briggs and Morgan, P.A. 2200 IDS Center 80 S.
LEARNING AIDS THE ESSENTIALS Essential Elements of a Deed Intent of the Grantor Names of the Parties Description of the Property Granting Clause Consideration In Writing Signature of the Grantor DELIVERY
National Exam Content Outline for Salesperson and Broker Effective: January 1, 2017 The national portion of the real estate exam is made up of eighty (80) scored items, which are distributed as noted in
Introduction to Leases: Essential Fundamentals for Searching and Examining Leasehold Estates Presented by Mel Platt Vice-President & Sr. Commercial Underwriter Commonwealth Land Title Insurance Company
Contract Concerning PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) Page 1 of 8 06-30-08 EQUAL HOUSING OPPORTUNITY UNIMPROVED PROPERTY CONTRACT NOTICE: Not For Use For Condominium Transactions 1.
Chapter 1 An introduction to Law 1 I. LAW AND THE REAL ESTATE PROFESSION (p. 1) II. THE NATURE AND FUNCTIONS OF LAW (p. 4) A. Morality and Efficiency (p. 5) III. HISTORICAL BACKGROUND (p. 5) A. English
Recommended Practices New York State Land Title Association, Inc. TABLE OF CONTENTS GENERAL PRACTICES PAGE G-1 Building Department Notice of Pendency (Lis Pendens)... 3 G-2 Deed From Fiduciary Consideration...
A service of the ABA General Practice, Solo & Small Firm Division Law Trends & News PRACTICE AREA NEWSLETTER REAL ESTATE Understanding Real Property Interests and Deeds» By Brad Dashoff and John Antonacci
REAL ESTATE General Content Outlines MINNESOTA Real Estate State Content Outlines General Exam Content Outline for Salespersons and Brokers Effective: February 1, 2017 The general portion of the real estate
Greg Parham Vista Title Company 303-989-0900 firstname.lastname@example.org Order on-line at www.vistatitle.com Nuts & Bolts of Seller Financed Transactions Subject To Assignment of Contract Wrap Deed of Trust Installment
Modern Real Estate Practice, 19 th Edition Chapter 5: Forms of Real Estate Ownership 1. Shelly and Nadine bought a store building and took title as joint tenants. Nadine died testate. Shelly now owns the
TEXAS FORMS MANUAL A Guide for Real Estate and Title Documentation by Charles J. Jacobus I. DOCUMENT CHECKLISTS Seller Residential Purchase Money Financing Document Correction Agreement Third Party Residential
EXAM SPECIFICATIONS FOR REAL ESTATE LAW PURPOSE OF THE EXAM. The purpose of the certification exam is to require an applicant to demonstrate substantial knowledge of significant legal concepts and corresponding
Principles of Property Law: Exam Notes Trimester 2, 2016 Concepts of Property 4 Property rights v Contractual rights 4 Recognition of New Property Types 5 Classification of Property 6 Doctrine of Fixtures
BUYER'S OCCUPANCY, REFINANCING AND RESALE RESTRICTION AGREEMENT WITH OPTION TO PURCHASE CITY OF WALNUT CREEK INCLUSIONARY HOUSING PROGRAM ADMINISTRATIVE COVER SHEET (Remove Upon Completion) BLANK LINES:
2. BUYER (S): 3. 4. Buyer's earnest money in the amount of COMMERCIAL PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS and the Minnesota Commercial Association of REALTORS,