ARCHIVED BLOG POSTS
2015
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Normally, a bargain and sale deed consists of the granting clause, habendum clause, and covenant of seisin. However, in the bargain and sale deed, the grantor does not covenant or warrant to defend the title against any future claims or attacks on the title. The bargain and sale deed is sufficien...
09/28/2015
6
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The quitclaim deed is a deed by which the grantor quitclaims unto the grantee all of the grantor's rights, title, and interest to the property, if any. The grantor makes no warranties about the quality or extent of the title being conveyed. This form of deed is useful for clearing existing or pot...
09/28/2015
1
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There are four types of statutory deeds: (1) quitclaim deed, (2) bargain and sale deed, (3) special warranty deed, and (4) general warranty deed. These deeds are called statutory deeds because the law provides for a short form of deed in which the covenants or warranties mentioned are implied to ...
09/28/2015
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The covenant of seisin (also seizin) is a promise that the grantor owns the property and has the right to convey title. The covenant against encumbrances states that the property is free from liens or other encumbrances except as noted in the deed. This clause gives the grantee notice of all enc...
09/28/2015
1
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The habendum clause, so named because in medieval times it began with the Latin phrase habendum et tenendum ("to have and to hold"), limited the estate or tenancy being conveyed. Today, the habendum clause starts with the words "to have and to hold." Then, usually, the word "forever" follows if t...
09/28/2015
2
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The formats of deeds may differ because the wording is immaterial, as long as the intent to convey title is clearly expressed. Certain elements must be present in a deed to spell out clearly the necessary intent and the property to which it applies.To remember the elements of a deed, remember CED...
09/28/2015
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A deed is a written instrument that conveys title to real property. It is an instrument of conveyance whereby title to real property is transferred from one party to another. The two parties to a deed are the grantor (owner giving title) and the grantee (new owner receiving title). The deed must ...
09/28/2015
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Title insurance is a contract that protects the policyholder from losses arising from defects in the title. Florida law does not require title insurance; however, it is a unique type of insurance because it protects a policyholder against loss from an occurrence that has happened in the past, suc...
09/28/2015
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An abstract of title is a summary report of what the title search found in the public record. The person who prepares this report is called an abstractor. The abstractor searches the public records and then prepares a condensed history of the various events and proceedings that affected the title...
09/28/2015
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A title search is an examination of all the public records to determine whether any defects exist in the chain of title. Recorded instruments such as deeds, divorce decrees, wills, and mortgages are included. In actual practice, the search does not go all the way back in history to the original l...
09/28/2015
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Captain Wayne - Rowlett Real Estate School
Rowlett Real Estate School / Owner and Instructor