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the court pays off the legal claims of the creditors, to terminate a property owner's rights, to pass Title, the foreclosure and sale, terminates the owner's rights and causes the property to be sold by the Judge to the highest bidder,
a contract for Deed, or land sales contract) is a contract under which a Buyer-Vendee) agrees to Pay the Seller VENDOR) if the buyer satisfies his contractual obligation, the seller will give him a deed.
no document called Title, shows Ownership, the Deed is Evidence that one has Rights of Ownership,
a Deed could be a piece of paper on which is written "I, craig, Convey to Maggie the real property described as 41 Catesby Road, this is my voluntary act, Craig Fraser (signed)." When DELIVERED, the Deed is valid,
[ A DEED IS REQUIRED TO BE, IN WRITING, and 1] have words of conveyance
2] describe the property, 3] identify the parties to the deed, 4] Be signed by grantor 5] have a legally competent grantor,, 6] Be Delivered]]
" the grantor must be lawfully authorized to Convey Title, at the time the Deed is Delivered.
a Delivery of a Deed, must properly identify (name) the grantor and grantee, the grantor, or a lawful agent must sign the deed,
all owners of the property, must sign as grantors,
the signatures need not be witnessed,
a grantee, must be capable in law, of accepting delivery of the deed.
The Deed will not Convey Title until it is DELIVERED to the grantee, and ACCEPTED completely unencumbered,
a Cloud on the Title is an Encumbrance, via a Charge, or Claim, against the property, which makes it lawfully impossible for the Owner to Convey Marketable Title,
a Warranty Deed, states or implies the following warranties or covenants:
Covenant of Seizen, guarantees the grantor owns and possesses the property, has a fee simple absolute interest, has no conditions restricting the Title, and has the Right to Convey the Title, the grantor would be liable for the full price of the property, if there were an undisclosed condition,
the Covenant Against Encumbrances, guarantees there are No Mortgages, except as stated in the Deed,
the Covenant of Warranty, provides the grantor will Defend the Title against all persons who lawfully claim the title,
the Covenant of Quiet Enjoyment, warrants that the grantee/purchaser, will not be disturbed by a person with a lien or better claim to the property,
Recording of Documents affecting Title to Real Estate must be performed in the County in which the property is located, the recording system,
LR will not protect the Grantee/Purchaser against Title defects, it enables a person to provide Constructive Notice to the world of the interests in a particular parcel of real estate, and helps to prevent forgery in recorded documents, by requiring "Acknowledgement by a Grantor/Seller in front of a Notary Public "
whoever records first and is without notice of a prior claim of right has priority. The date and time stamped, establish legal priority for those interests that are recorded first, an unrecorded deed is valid and binding between the parties to the deed (the grantor and the grantee), it would be void against the rights of a bona fide purchaser who first records his Deed, *a Bona Fide Purchaser, is a purchaser who pays Valuable Consideration in good faith*, and has no notice of the existence of another person's claim to the title, a person is without notice if he has no actual knowledge of another's rights to the property and has no reasonable means of obtaining that knowledge. A person has notice of a prior claim of right when he has either constructive notice or actual notice
when an owner of land provides the public with a means of obtaining knowledge of his rights in the land, that owner is providing constructive notice of his interest in the land.
a person can provide constructive notice in two ways: Take possession of the land. Possession of land by a person other than the grantor gives constructive notice. A grantee who has an unrecorded deed provides constructive notice upon taking possession of the property by:
-occupying the property.
-renting the property to a tenant who occupies the property.
-any other means that would enable an interested person to determine that perhaps the owner of record is not the current owner[ Properly record the deed. A better way of protecting one's rights is to record the deed. If an instrument is recorded, a purchaser cannot successfully claim that he did not know about the contents of the recorded document. Recording helps to forestall actions arising from persons with unrecorded interests in the land by giving priority to the person who records first.
a person who has actual knowledge of a fact is said to have actual notice. A person has constructive notice of ownership when a deed is recorded and has actual notice when he actually sees the recorded deed. While he has constructive notice when a person is in possession of property, he has actual notice when he knows the person is in possession of the property, or knows of the person's right to possession.
1. Constructive- take possession of land- properly record deed 2. Actual- see recorded deed- Know person has unrecorded deed, Delivery is the final act of the grantor signifying an intention that the deed should currently take effect. Upon valid delivery, title passes. Note, delivery does not mean manually transferring the deed. It means the intention of the grantor to make the deed currently effective to transfer title. Therefore, a deed is presumed delivered if given to the grantee, given to escrow or recorded,
sunday 7th july 2019,
watch this space,
A Land Certificate is for all property where there is No Mortgage,
a Charge Certificate is issued where there is a Mortgage.
the Land Certificate is Proof of Ownership which is passed on when the property changes hands.
this replaces the Old Title Deeds and is all that is required by Lenders to grant a Mortgage.
a Charge Certificate is proof that the Lender has granted a Mortgage on your property.
Original Title Deeds are not required to get a Mortgage, the Land Certificate is all we legally require, papers can be more than 100 years old but worthless]
in order to get marketable title to a property, an adverse possessor has to take Quiet Title Action to obtain a Judicial Decree, clearing the Title to the Property,
Quiet title action is a lawsuit to determine and resolve all adverse claims to ownership of the property,, a Judges Deed is used to Convey Title to Property, sold by the Judge under an Execution of a Judgment.