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Leins

Types of Leins

TermDefinition
Statutory Lien Provided by law such as property tax lein, income tax lien.
Equitable Lien Usually placed as a result of a civil dispute such as compensation for slander, harassment, non-payment of bills.
Specific Lien Applies against certain property only, usually a parcel that is subject of the Lien: mechanics, real estate tax liens, special assessment, mortgage lien.
General Lien Applies to a group of properties that an individual owns, usually results from the owners liability.
Lis-Pendens A legal document that gives notice of a lawsuit.
Writ of Attachment Obtained to stop owner from disposing of property until a lawsuit that may affect his/ her interest.
Writ of Execution A court order allowing an officer of the court to sell property of a debtor to satisfy judgement.
RESPA Federal law ( HUD) purpose is to regulate and standardized real estate settelment practices. To disclose the settlement cost to buyer 3 days before consummation of loan.
Clause of Conveyances Deed must spell out that title is being transferred from Grantor to Grantee.
To Have And To Hold Clause Specifies how Title is conveyed whether fee simple, defeasable fee, or life Estate.
Valuable Consideration A clause acknowledging that the grantor has received consideration.
Execution Signed by Grantor: Grantee does not sign deed.
Delivery and Acceptance Deed must be voluntary delivered by Grantor and excepted by Grantee.
Recording of Deed Deed should be immediately recorded at register of deeds for public record.
Created by: Jgjg
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