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Unit#13
Title Records
Term | Definition |
---|---|
abstract of title | The condensed history of a title to a particular parcel of real estate, consisting of a summary of the original grant and all subsequent conveyances and encumbrances affecting the property and a certification by the abstractor that the history is complete |
Actual Notice | Express information or fact; that which is known; direct knowledge |
Attorney's opinion of title | An abstract of title that an attorney has examined and has certified to be, in the attorney's opinion, an accurate statement of the facts concerning the property's ownership |
certificate of title | A statement of opinion on the status of the title to a parcel of real property based on an examination of specified public records. |
chain of title | The succession of conveyances, from some accepted starting point, whereby the present holder of real property derives title |
Constructive Notice | Notice given to the world by recorded documents. |
marketable title | Good or clear title, reasonably free from the risk of litigation over possible defects. |
Priority | The order of position or time. The priority of liens is generally determined by the chronological order in which the lien documents are recorded; tax liens, however, have priority even over previously recorded liens. |
Recording | The act of entering or recording documents affecting or conveying interests in real estate in the recorder's office established in each county. Until it is recorded, a deed or mortgage ordinarily is not effective against subsequent purchasers or mortgagee |
Suit to Quiet Title | A court action intended to establish or settle the title to a particular property, especially when there is a cloud on the title |
Title Insurance Policy | A policy insuring the owner or mortgagee against loss by reason of defects in the title to a parcel of real estate, other than encumbrances, defects, and matters specifically excluded by the policy. |
Title Search | The examination of public records relating to real estate to determine the current state of the ownership. |