Wednesday 14 April 2010

test next week.
over ch 1-7
an hour exam.
grade
review.
then more lecture finish ch. 8.

bring computer, scantrons, pencils.

betetr to record
escrow officer will prepare the deed then escrow officer will transfer to title officer
hand to county clerk
deed to be sent to

fee simple absolute
whatever interest
any instrument that affects title
grant deed
then trust deed
security deed
mortgage
security instrument
then title officer
trust deed
handed to the clerk so the lender knows nobody gets ahead
exception
mechanic's liens
if someone has a judgment bc of a lawsuit

if a provision in the grant dedd saying can't record it
that would be contrary to public policy.
a land contract in a real estate contract
vendor instead of vendee
title doesn't pass from
buyer is the owner at fee simple absolute
until transfer of title occurs
equitable interest recorded
seller to sell the property to someone else.
the land sales contract
installment
seller

dont want to have to go to the court in a quiet
wrap around
stat law less advantage

microfiche
acknowledgement
and recording not required
signing the grant deed
acknowledges the signature
before notary public
http://en.wikipedia.org/wiki/Notary_public
take burden off the clerk
takes the burden off the clerk.

wills do not have to witness the sig by law they just attest tom the sig
doctrine of relation back
http://www.realtown.com/words/relation-back-doctrine

lien filed against
who holds equitable title
the buyer
in fairness and interest

made  a promise to pay
typical contract is a biltateral

legal title
equitable title
held by the seller until close of escrow

so legal title closes at the end of term
equitable title transfers first
in equity and fairness buyer has title
but won't get legal title till close of escrow

this is where the doctrine of relation back comes in.
comes to delivery of the deed

party with knowledge or

this is the doctrine of relation back
it is more fair

to the date the deed was sign
impt to have the seller sign document as soon as possible
the earlier the seller signs it the better then relates back
when take to the seller for signature

so when seller take back
notary with
the simpler solution
give back to the escrow officer
to overcome one way or the other

logistical problem
notaries want you to sign in their presence

conflict of interest
the grantor and the grantee

the acknowledgment
in order to be accepted by the county recording office
to take the pressure off the clerk.
what words put on there
joint tenancy and LLC
then get their metal seal to put on the document
then it can be accepted by the clerk.
they don't have to worry about any of that
the substitute for the acknowledgement
you can use a certified copy of the judgement from the clerk of court will work.

constructive notice
the basic concept
i addition to recording
possession gives constructive notice
the fact that they are possessing
move out whenever property sold
the person claiming to own is wrong
possession gives this constructive notice
constructive or actual notice on page 240

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