DEED&TITLE: REAL ESTATE DEED & TITLE, THINGS TO KNOW!
KNOWLEDGE FINANCIAL GROUP & INVESTMENT
WWW.KNOWLEDGEFINANCIAL.COM
TITLE/PROPERTY
Title is a legal term for an owner's interest in a piece of property. It
may also refer to a formal document that serves as evidence of
ownership. Conveyance of the document may be required in order to
transfer ownership in the property to another person. Title is distinct
from possession, a right, that often accompanies ownership but is
not necessarily sufficient to prove it. In many cases, both possession
and title may be transferred independently of each other.
----------------------------------------------------------------------------------------
TITLE-Elements
The three elements of title are : possession, the right of possession,
and the right of property. Possession is the actual holding of a thing,
whether or not one has any right to do so. The right of possession is
the legitimacy of possession (with or without actual possession), the
evidence for which is such that the law will uphold it unless a better
claim is proven. The right of property is that right which, if all relevant
facts were known (and allowed), would defeat all other claims. Each
of these may be in a different person.
For example, suppose A steals from B, what B had previously bought
in good faith from C, which C had earlier stolen from D, which had
been an heirloom of D's family for generations, but had originally
been stolen centuries earlier (though this fact is now forgotten by all)
from E. Here A has the possession, B has an apparent right of
possession (as evidenced by the purchase), D has the absolute right
of possession (being the best claim that can be proven), and the
heirs of E, if they knew it, have the right of property, which they cannot
prove. Good title consists in uniting these three (possession, right of
possession, and right of property) in the same person(s).
A simpler example is when someone purchases an automobile and
finances it. The party "buying" the automobile has possession and is
the "registered owner." The bank or finance company has legal
ownership and is listed as the "lienholder." In the event the registered
owner fails to make payments to the lienholder, the lienholder has
the right to reposess the automobile, presumably to sell it. The
registered owner has possession and right of possession, while the
lienholder retains right of property.
Now, if the financed automobile referenced above was purchased by
a company and was being loaned out by a car rental organization, the
person who rented the vehicle would have possession; the rental
company would be the registered owner and have right of
possession, while again, the lienholder would have right of property.
The extinguishing of ancient, forgotten, or unasserted claims, such
as E's in the example above, was the original purpose of statutes of
limitations. Otherwise, title to property would always be uncertain.
-----------------------------------------------------------------------------------------------
Title is a legal term for an owner's interest in a piece of property. It
may also refer to a formal document that serves as evidence of
ownership. Conveyance of the document may be required in order to
transfer ownership in the property to another person. Title is distinct
from possession, a right, that often accompanies ownership but is
not necessarily sufficient to prove it. In many cases, both possession
and title may be transferred independently of each other.
----------------------------------------------------------------------------------------
TITLE-Elements
The three elements of title are : possession, the right of possession,
and the right of property. Possession is the actual holding of a thing,
whether or not one has any right to do so. The right of possession is
the legitimacy of possession (with or without actual possession), the
evidence for which is such that the law will uphold it unless a better
claim is proven. The right of property is that right which, if all relevant
facts were known (and allowed), would defeat all other claims. Each
of these may be in a different person.
For example, suppose A steals from B, what B had previously bought
in good faith from C, which C had earlier stolen from D, which had
been an heirloom of D's family for generations, but had originally
been stolen centuries earlier (though this fact is now forgotten by all)
from E. Here A has the possession, B has an apparent right of
possession (as evidenced by the purchase), D has the absolute right
of possession (being the best claim that can be proven), and the
heirs of E, if they knew it, have the right of property, which they cannot
prove. Good title consists in uniting these three (possession, right of
possession, and right of property) in the same person(s).
A simpler example is when someone purchases an automobile and
finances it. The party "buying" the automobile has possession and is
the "registered owner." The bank or finance company has legal
ownership and is listed as the "lienholder." In the event the registered
owner fails to make payments to the lienholder, the lienholder has
the right to reposess the automobile, presumably to sell it. The
registered owner has possession and right of possession, while the
lienholder retains right of property.
Now, if the financed automobile referenced above was purchased by
a company and was being loaned out by a car rental organization, the
person who rented the vehicle would have possession; the rental
company would be the registered owner and have right of
possession, while again, the lienholder would have right of property.
The extinguishing of ancient, forgotten, or unasserted claims, such
as E's in the example above, was the original purpose of statutes of
limitations. Otherwise, title to property would always be uncertain.
-----------------------------------------------------------------------------------------------
DEED
A deed is a legal instrument used to grant a right. The deed is best
known as the method of transferring title to real estate from one
person to another, often using a description of its "metes and
bounds.
Historically under common law, for an instrument to be a valid
deed it needed five things:
It must indicate that the instrument itself conveys some privilege or
thing to someone. This is indicated by using the word hereby or the
phrase by these presents in the sentence indicating the gift.
The grantor must have the legal ability to grant the thing or privilege.
The person receiving the privilege or thing must have the legal
capacity to receive it.
A seal must be affixed to it. Most jurisdictions have eliminated this
requirement and replaced it with the signature of the grantor.
However, for conveyances of real estate, most jurisdictions require
that the deed be acknowledged before a notary public or a civil law
notary and some may require a witness or witnesses in addition.
It must be delivered to and accepted by the recipient.
Conditions attached to the acceptance of a deed are known as
covenants.
------------------------------------------------------------------------------------------
A deed is a legal instrument used to grant a right. The deed is best
known as the method of transferring title to real estate from one
person to another, often using a description of its "metes and
bounds.
Historically under common law, for an instrument to be a valid
deed it needed five things:
It must indicate that the instrument itself conveys some privilege or
thing to someone. This is indicated by using the word hereby or the
phrase by these presents in the sentence indicating the gift.
The grantor must have the legal ability to grant the thing or privilege.
The person receiving the privilege or thing must have the legal
capacity to receive it.
A seal must be affixed to it. Most jurisdictions have eliminated this
requirement and replaced it with the signature of the grantor.
However, for conveyances of real estate, most jurisdictions require
that the deed be acknowledged before a notary public or a civil law
notary and some may require a witness or witnesses in addition.
It must be delivered to and accepted by the recipient.
Conditions attached to the acceptance of a deed are known as
covenants.
------------------------------------------------------------------------------------------
Types of deeds
General and special warranty deed WARRANTY DEED
In the transfer of real estate, a deed conveys ownership from the
old owner (the grantor) to the new owner (the grantee), and can
include various warranties. The precise name of these warranties
differ by jurisdiction. However the basic difference between them is
the degree to which the grantor warrants the title. The grantor may
give a general warranty of title against any claims, or the warranty
may be limited only to claims which occurred after the grantor
obtained the real estate. The latter type of deed is usually known
as a special warranty deed. While a general warranty deed is
normally used for residential real estate sales and transfers,
special warranty deeds are more commonly used in commercial
transactions.
BARGAIN AND SALE DEDD
Bargain and sale deed The third type of deed, known as a bargain
and sale deed, implies that the grantor has the right to convey title
but makes no warranties against encumbrances. This type of deed
is most commonly used by court officials or fiduciaries that hold
the property by force of law rather than title, such as properties
seized for unpaid taxes and sold at sheriffs sale, or an Executor.
QUITCLAIM DEED
Quitclaim deed, A so-called quitclaim deed is (in most states)
actually not a deed at all--it is actually an estopel disclaiming rights
of the person signing it to property.
DEED OF TRUST
Deed of trust In some jurisdictions, a deed of trust is used as an
equivalent to a mortgage. A trust deed isn’t like the other types of
deeds; it’s not used to transfer property directly. It is commonly
used in some states (California, for example) to transfer title to
land to a “trustee,” usually a trust or title company, which holds the
title as security ("in escrow") for a loan. When the loan is paid off,
title is transferred to the borrower by recording a release of the
obligation and the trustee's contingent ownership is extinguished.
Otherwise (upon default), the trustee will liquidate the property
(with a new deed) and offset the lender's loss with the proceeds.
Recording
Usually the transfer of ownership of real estate is registered at a
casdastre in the United Kingdom in most parts of the United
States, deeds must be submitted to the Recorder of deed, who
acts as a cadastre, to be registered. An unrecorded deed may be
valid proof of ownership between the parties, but may have no
effect upon third-party claims until disclosed or recorded. A local
statute may prescribe a period beyond which unrecorded deeds
become void as to third-parties, at least as to intervening acts.
General and special warranty deed WARRANTY DEED
In the transfer of real estate, a deed conveys ownership from the
old owner (the grantor) to the new owner (the grantee), and can
include various warranties. The precise name of these warranties
differ by jurisdiction. However the basic difference between them is
the degree to which the grantor warrants the title. The grantor may
give a general warranty of title against any claims, or the warranty
may be limited only to claims which occurred after the grantor
obtained the real estate. The latter type of deed is usually known
as a special warranty deed. While a general warranty deed is
normally used for residential real estate sales and transfers,
special warranty deeds are more commonly used in commercial
transactions.
BARGAIN AND SALE DEDD
Bargain and sale deed The third type of deed, known as a bargain
and sale deed, implies that the grantor has the right to convey title
but makes no warranties against encumbrances. This type of deed
is most commonly used by court officials or fiduciaries that hold
the property by force of law rather than title, such as properties
seized for unpaid taxes and sold at sheriffs sale, or an Executor.
QUITCLAIM DEED
Quitclaim deed, A so-called quitclaim deed is (in most states)
actually not a deed at all--it is actually an estopel disclaiming rights
of the person signing it to property.
DEED OF TRUST
Deed of trust In some jurisdictions, a deed of trust is used as an
equivalent to a mortgage. A trust deed isn’t like the other types of
deeds; it’s not used to transfer property directly. It is commonly
used in some states (California, for example) to transfer title to
land to a “trustee,” usually a trust or title company, which holds the
title as security ("in escrow") for a loan. When the loan is paid off,
title is transferred to the borrower by recording a release of the
obligation and the trustee's contingent ownership is extinguished.
Otherwise (upon default), the trustee will liquidate the property
(with a new deed) and offset the lender's loss with the proceeds.
Recording
Usually the transfer of ownership of real estate is registered at a
casdastre in the United Kingdom in most parts of the United
States, deeds must be submitted to the Recorder of deed, who
acts as a cadastre, to be registered. An unrecorded deed may be
valid proof of ownership between the parties, but may have no
effect upon third-party claims until disclosed or recorded. A local
statute may prescribe a period beyond which unrecorded deeds
become void as to third-parties, at least as to intervening acts.
TITLE OWNERSHIP BY TENANCY:
TENANCY AT WILL.
A tenancy at will is a leasehold in which the tenant holds of the
premises with the owner's permission
but without a fixed term. To terminate a tenancy at will week to week
is 7 days notice,month to month is
15 days notice.
TENANCY AT SUFFERANCE.
This occurs when a tenant stays in possession of the property
beyond the ending date of a legal
tenancy without the consent of the landlord.
TENANCY IN COMMON.
This is when 2 or people wish to share the ownership of a single
property, they may choose to do so
as tenants in common. It is the most frequently used form of
co-ownership, except for husband and
wife.
Tenants in common may purchase title at the same time or at a
different time but with no right of
survivorship.
JOINT TENANCY:
This comes with the right of survivorship. Means that when one
co-owner dies his or her share goes
to the surviving co-owner not to the heirs.
TENANCY BY ENTIRETIES:
This is basically a joint tenancy between husband and wife with
automatic right of survivorship.
REAL ESTATE FINANCING, MORTGAGE & LOANS, HOME REFINANCING, HOME EQUITY, HOME PURCHASING.
WITH AN EXPERIENCED MORTGAGE ADVISOR WHO REALLY KNOWS THE
BUSINESS, YOU CAN TRUST HIS COMPETENCY, HIS HONESTY,AND YOU
CAN BELIEVE IN HIS DILIGENCE, AND IN HIS PROFESSIONALISM.
IT'S GOOD TO CONTACT A MORTGAGE BROKER WHO HAS ACCESS TO
SEVERAL LENDERS AND CAN QUIETLY COMPARE RATES TO FIND YOU THE
BEST MORTGAGE DEAL AVAILABLE ACCORDING TO YOUR FINANCIAL
SITUATION.
ONCE YOU SELECT MR. ANTONY TO OBTAIN YOUR HOME LOAN, OR TO REFINANCE YOUR PROPERTY, YOU WILL
BE AMAZED TO SEE HOW QUICKLY AND SIMPLE THE LOAN PROCESS
COULD BE.
BEFORE YOU KNOW IT, YOU'LL HAVE A MORTGAGE THAT SUITES YOUR
LIFESTYLE AND SAVES YOU MONEY.
THROUGHOUT THE LOAN PROCESS, I WILL PROVIDE YOU WITH REGULAR
UPDATES.
GIVE MR. ANTONY A CHANCE TO SERVICE YOU IN THE BEST POSSIBLE
WAY FOR A BETTER INTEREST RATES, BETER SAVING AND GREAT SATISFACTION.
786-709-6577 {South Florida}
THE GREATEST GIFT AND FINEST COMPLIMENT I CAN RECEIVE IS A
REFERRAL FROM YOU. TALK TO SOMEONE ELSE ABOUT THE WEBSITE.
WITH AN EXPERIENCED MORTGAGE ADVISOR WHO REALLY KNOWS THE
BUSINESS, YOU CAN TRUST HIS COMPETENCY, HIS HONESTY,AND YOU
CAN BELIEVE IN HIS DILIGENCE, AND IN HIS PROFESSIONALISM.
IT'S GOOD TO CONTACT A MORTGAGE BROKER WHO HAS ACCESS TO
SEVERAL LENDERS AND CAN QUIETLY COMPARE RATES TO FIND YOU THE
BEST MORTGAGE DEAL AVAILABLE ACCORDING TO YOUR FINANCIAL
SITUATION.
ONCE YOU SELECT MR. ANTONY TO OBTAIN YOUR HOME LOAN, OR TO REFINANCE YOUR PROPERTY, YOU WILL
BE AMAZED TO SEE HOW QUICKLY AND SIMPLE THE LOAN PROCESS
COULD BE.
BEFORE YOU KNOW IT, YOU'LL HAVE A MORTGAGE THAT SUITES YOUR
LIFESTYLE AND SAVES YOU MONEY.
THROUGHOUT THE LOAN PROCESS, I WILL PROVIDE YOU WITH REGULAR
UPDATES.
GIVE MR. ANTONY A CHANCE TO SERVICE YOU IN THE BEST POSSIBLE
WAY FOR A BETTER INTEREST RATES, BETER SAVING AND GREAT SATISFACTION.
786-709-6577 {South Florida}
THE GREATEST GIFT AND FINEST COMPLIMENT I CAN RECEIVE IS A
REFERRAL FROM YOU. TALK TO SOMEONE ELSE ABOUT THE WEBSITE.
 |  |  |  |  |  |  |  |  |  |
 | |  | |  | |  |
 |  |  |  |  |
 |  |  |  |  |  |  |  |  |
 |  |  |  |  |
 |  |  |  |  |  |  |  |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
WELCOME TO:
KNOWLEDGEFINANCIAL.COM
KNOWLEDGEFINANCIAL.COM
| VISION MORTGAGE BANK,INC. CALL Mr. ANTONY AT: 786-709-6577 |
| REAL ESTATE INVESTMENTS Invest in real estate today for a better tomorrow Various programs are available to help you start. Stop renting, but invest for the future. ---------------------------------------- REAL ESTATE FOR SALE- CALL --786-709-6577 Houses, Condos, Town homes, Businesses, FSBO, Pre-construction, Foreclosures & Government Homes. We’re here to help brake the barrier of home- ownership We make the process simple and easy ---------------------------------------- HOME SELLING------CALL 786-709-6577 Sell your home quick and fast for the top price Our proven selling techniques with our diverse kind of advertisement can really help selling your home in a very short amount of time |
| HOME SELLING: We have buyers interested in buying multi-family & commercial properties in Miami Dade county, Broward, Palm Beach, Fort Myers and Port St Lucie area. We are looking for sellers. Call us for free consultation and Evaluation of your property. 786-709-6577--Mr. ANTONY--- A COMPETENT, EXPERIENCED PROFESSIONAL REALTOR. |