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Methods of Title Assurance Methods of Title Assurance

Methods of Title Assurance - PowerPoint Presentation

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Uploaded On 2016-12-17

Methods of Title Assurance - PPT Presentation

Overview Personal Covenants for Title Overview Personal Covenants for Title Title Examination Overview Personal Covenants for Title Title Examination Title Insurance Overview Personal Covenants for Title ID: 502714

covenants title adverse possession title covenants possession adverse deed warranty grantor covenant insurance overview personal examination property registration shorten

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Presentation Transcript

Slide1

Methods of Title AssuranceSlide2

Overview

Personal Covenants for TitleSlide3

Overview

Personal Covenants for Title

Title ExaminationSlide4

Overview

Personal Covenants for Title

Title Examination

Title InsuranceSlide5

Overview

Personal Covenants for Title

Title Examination

Title Insurance

Title RegistrationSlide6

Overview

Personal Covenants for Title

Title Examination

Title Insurance

Title Registration

Statutes of Limitations/Adverse PossessionSlide7

Covenants of Title

Quitclaim Deed

No promises.

But, some states by statute say all deeds have some basic promises, e.g., the grantor has not previously conveyed the property.Slide8

Covenants of Title

Warranty Deed – Present Covenants

1. Covenant of

Seisin

Promise that own property transferring

Promise that grantor has not already transferredSlide9

Covenants of Title

Warranty Deed – Present Covenants

2. Covenant of Good Right to Convey

Grantor has right to transfer the propertySlide10

Covenants of Title

Warranty Deed – Present Covenants

3. Covenant Against Encumbrances

Property free and clear of all non-agreed easements, mortgages, liens, covenants, servitudes, etc.Slide11

Covenants of Title

Warranty Deed – Future Covenants

1. Covenant of Quiet Enjoyment

No one with better title will evict grantee.Slide12

Covenants of Title

Warranty Deed – Future Covenants

2. Covenant of Warranty

Grantor will defend grantee’s title (grantor will protect grantee’s quiet enjoyment)Slide13

Covenants of Title

Warranty Deed – Future Covenants

3. Covenant of Further Assurances

Grantor will take steps reasonably necessary to protect or perfect grantee’s titleSlide14

Title Examination

Self-help and self-reliance.

Check all records.

Purchaser

Purchaser’s attorney

Title companySlide15

Methods of Title Assurance

[continued]Slide16

Title Registration [Torrens]

Registration system with limited use in only a few states one of which is Ohio.Slide17

Title InsuranceSlide18

Title Insurance

Typical protected risks:

Grantor’s disability

Marital rights

Forgery

Errors in recording

Undisclosed heirs & pretermitted childrenSlide19

Title Insurance

Typical unprotected risks:

Specifically mentioned exclusions

Purchaser lacks BFP status

Things revealed by inspection

Boundary problemsSlide20

Adverse PossessionSlide21

Adverse Possession

1. Actual possession for required number of yearsSlide22

Adverse Possession

2. Open, visible, and notoriousSlide23

Adverse Possession

3.

Exclusive

Tacking of successive possessors allowed if they are in privity of estate with each other.Slide24

Adverse Possession

4. Continuous and peaceableSlide25

Adverse Possession

5. Hostile

No permission from owner.Slide26

Adverse Possession

6. Under claim of right

Example = forged deed

Element

not always needed but may shorten time period.Slide27

Adverse Possession

7. Cultivates

Element not always required but may shorten time period.Slide28

Adverse Possession

8. Pay property taxes

Element not always needed but may shorten time period.