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Real Estate - Ch. 7
Title Records
Question | Answer |
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abstract of title | The condensed history of the recorded ownership of a particular parcel of real estate, consisting of a summary of the original grant and all subsequent conveyances and encumbrances. |
action to quiet title | A court action that establishes ownership when ownership cannot be traced through an unbroken chain of title. |
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. All persons are charged with knowledge of such documents and their contents, whether or not they have actually examined them. |
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. |
subrogation | The right acquired by the title company to any remedy or damages available to the insured when a title company makes a payment to settle a claim covered by a policy. |
title insurance | A policy insuring a property 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. |
Torrens system | A method of evidencing title by registration with the proper public authority, generally called the registrar; named for its founder, Sir Robert Torrens. |