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Real Estate Principles, 11th Edition

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Presentation on theme: "Real Estate Principles, 11th Edition"— Presentation transcript:

1 Real Estate Principles, 11th Edition
By Charles F. Floyd and Marcus T. Allen

2 Deeds and Title Examination
Chapter 5 Deeds and Title Examination

3 Deeds Written document that transfers title (ownership) to real estate from the grantor to the grantee Necessary Elements of a Deed Identification of the parties Consideration given by grantee Legal description Specific interest conveyed Signature of the grantor and witnesses Delivery of deed required to complete the transfer

4 More on Deeds See Figure 5.1 Warranty Deed
Close-Up “Sleuthing for Transaction Price”

5 Additional Deed Elements
Covenant against encumbrances Covenant of seisin Covenant of quiet enjoyment Covenant of further assurances Warranty forever

6 Types of Deeds General warranty deed Special warranty deed
See Figure 5.1 Warranty Deed Special warranty deed Bargain and sale deed Quitclaim deed See Figure 5.2 Quitclaim Deed Deeds for special uses

7 Title Examination The process of verifying the ownership rights being offered by the seller of a property Marketable title Insurable title Title perfect of record Title opinion (more later) Title insurance (more later)

8 Title Search Detailed examination of all public records that relates to the ownership history of a property Recording system Grantor and grantee indexes See Close-Up “Title Examination through the Grantor and Grantee Indexes” Tax records search Lien search

9 Title Abstract Written compilation of chain of title Title Insurance
Used by attorneys to issue title opinion Title Insurance Paid in full when policy is issued Not transferable Protects only against past events that were undiscovered during the title search

10 Torrens system A title registration system Title search not needed
Certificate holder transfer certificate to new owner


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