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KES Title records

Title records

TermDefinition
Abstract of title Summary report of what title search found in public records
Action of quiet title A court action at establishes ownership when ownership cannot be traced through unbroken chain of title
Actual notice Info is available and someone is aware of it
Attorney's opinion of title An opinion of status of title based on abstract. Can be used in some states as evidence of title.
Certificate of title A statement of opinion of title's status on date cert is issued. Is NOT a guarantee
Chain of title The record of property ownership
Constructive notice Presumption that info has been obtained through due diligence.
Marketable title Clear title reasonable free from risk of litigation over defects
Priority Refers to order of when docs of liens were recorded
Recording Act of placing documents in public record
Subrogation Right aquired by title company to any rememity or damages to the insured when title company makes payment to insured.
Title insurance Contract where policy holder is protected from loss due to defects in title
Title search Examination of records to determine if defects in chain of title exist.
Torrens System A legal Registration system used to verify ownership
To be eligible for recording a document must be Drawn and executed according to state law
What happens If ownership cannot be traced through an unbroken chain A gap or cloud on title exists necessitating court action called "action to quiet title"
An abstractor is? Person who prepares an abstract of title report
AZ marketable title act Does not apply
Title company's preliminary report includes? Name of insured party, legal description of RE, interest covered, conditions policy is issued, schedule of exceptions
Created by: KimSchroeder
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