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RE LEGAL 07TERMS
RE Legal Unit 07Terms
Term | Definition |
---|---|
alienation | Voluntarily or involuntarily transferring or conveying property to another |
deed | Written instrument used to immediately transfer title to real property from one person to another |
granting clause | Words of purchase, such as grants, conveys, transfers, or sells Deed with no warranties |
gift deed | Deed whose consideration is love and affection |
involuntary alienation | Transfer of property against the wishes of the owner |
foreclosure | Legal procedure lenders use to terminate the trustor’s or mortgagor’s rights in real property to satisfy their liens |
trustee’s sale | Foreclosure method taking approximately four months |
judicial foreclosure | Procedure lender uses to sell a mortgaged property with the involvement of a court |
deficiency judgment | Personal judgment against a borrower for the balance of a debt owed when the security for the loan is insufficient to pay the debt |
partition action | Court proceeding to settle a dispute between co-owners by dividing their interests in real property |
quiet title action | Court proceeding to establish an individual’s right to ownership of real property against one or more adverse claimants |
tax sale | Forced sale of real property by the county to satisfy delinquent taxes |
execution sale | Forced sale of property to satisfy a money judgment |
eminent domain | Power of the government to take private property for public use |
escheat | Property reverts to the state because the deceased owner left no will and has no legal heirs |
holographic will | Will entirely in the handwriting of the testator |
codicil | Later testamentary instrument that supplements validity or disposition of an earlier will |
probate | Legal process to prove that a will is valid |
executor | Person named in a will to administer it |
settlor | Person who sets up a trust on behalf of a beneficiary |
inter vivos | Trust in which the settlor is still alive when the trust is established |
intestate | Term describing a person who dies without leaving a valid will issue Descendants of the testator |
per stirpes | Method of dividing property among the descendants of someone who has died intestate |
adverse possession | Obtaining title by occupying land for a statutory time period without the permission of the owner |
accretion | Gradual enlargement of land through the accumulation of sediment |
avulsion | Sudden, perceptible loss of land |
constructive notice | Notice given by recording a document |
priority | Order in which deeds are recorded |