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Merchantable title and marketable title are synonymous terms. In the absence of an agreement to the contrary, there is an implied undertaking in the contract that the vendor (person selling the property) has a marketable title. The contract typically provides that on failure of a vendor to deliver good and marketable title, the vendee (buyer ...
Money is the most common form of consideration, but other consideration of value, such as other property in exchange, or a promise to perform (i.e. a promise to pay) is also satisfactory. Notarization by a notary public is normally not required for a real estate contract, but many recording offices require that a seller's or conveyor's ...
The objective of the title search is to establish clear, marketable title by exposing any outstanding claims prior to the transfer of title. The process of resolving any issues on the title is known as "clearing the title." [2] Each recorded document must name the parties involved, e.g., grantor and grantee.
The resulting merger of the legal and equitable gives rise to the "perfect title", often referred to as marketable title. Legal and equitable title also arises in trust. In a trust, one person may own the legal title, such as the trustees. Another person may own the equitable title such as the beneficiary. [2]
A growing minority of States have adopted the Uniform Vendor and Purchaser Risk Act (UVPRA) in one form or another. [2] The UVPRA bases the legal consequences of no-fault casualty loss on the right of possession of the property at the time the loss occurs. See Brush Grocery Kart v. Sure Fine Market, 47 P. 3d 680 (Colo. 2002).
The Tax Reform Act made it easier for savings institutions and real estate investment trusts to hold mortgage securities as qualified portfolio investments. A savings institution, for instance, can include REMIC-issued mortgage-backed securities as qualifying assets in meeting federal requirements for treatment as a savings and loan for tax ...
The cost of title insurance has two components: premium charges and service fees. Title insurance premium rates are based on five cost considerations, including those related to: Maintaining current title information on property local to that operation, i.e., title plant; Searching and examining the title to subject properties
The record title system differs significantly from land registration systems, such as the Torrens system, that have been adopted in a few states. The principal difference is that the recording system does not determine who owns the title or interest involved, which is ultimately established through litigation in the courts.