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Establish the Validity of a deed: acknowledgment - (Notarized/witnessed) does not have to be recorded; signature of the grantor is being notarized Elements of a deed: delivery: 3 ways - 1. Actual delivery 2. Constructive (recorded) 3. 3rd party (hold in escrow or trust) Elements of a deed: con...

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  • September 11, 2024
  • 6
  • 2024/2025
  • Exam (elaborations)
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Stringham - Deeds & Transfer (1)
Establish the Validity of a deed: acknowledgment - (Notarized/witnessed) does not have to be
recorded; signature of the grantor is being notarized



Elements of a deed: delivery: 3 ways - 1. Actual delivery

2. Constructive (recorded)

3. 3rd party (hold in escrow or trust)



Elements of a deed: consideration - Amount paid is usually hidden by "ten dollars and other good
and valuable consideration"



Elements of a deed: signature - Signature of only the grantor(seller/owner) of the property



Elements of a deed: description - Legal description that separates it from everything else (NOT
address)



Title - Form of how we own something



Alienation of Title - Transfer ownership (voluntary or involuntary); selling the property

Deed - Actual instrument that shows that we own something

Title - Form of how we own something



Essential elements of a deed - 1. Intent

2. Signature

3. Granting Clause

4. Name of the parties

5. Description

6. Consideration

, 7. Written

8. Delivery



Elements of a deed: intent - Grantor must intend to give ownership to someone else



Elements of a deed: granting clause - "I transfer", "I grant", "I convey"



Elements of a deed: name of the parties - BOTH grantor and grantee



Elements of a deed: written - Must be done in writing



Elements of a deed: delivery - Must be delivered to the grantee via 3 ways



Establish the Validity of a deed - 1. Recording

2. Acknowledgment

3. Date

4. Habendum Clause



Establish the Validity of a deed: habendum clause - "To have and to hold Clause", "subject to",
"exceptions and reservations"; keeping or reserving certain rights for ourself as the grantor



Establish the Validity of a deed: recording - Not legally required, it fasted and safest form of
delivery; highly recommended



Establish the Validity of a deed: date - Does not need to be valid, but important and should be
done



Types of deeds - 1. Quit claim deed

2. Bargain & sale deed

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