CONTRACT for DEED by Individual(S)
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The Real Estate Marketplace Glossary: How to Talk the Talk
Federal Trade Commission ftc.gov The Real Estate Marketplace Glossary: How to Talk the Talk Buying a home can be exciting. It also can be somewhat daunting, even if you’ve done it before. You will deal with mortgage options, credit reports, loan applications, contracts, points, appraisals, change orders, inspections, warranties, walk-throughs, settlement sheets, escrow accounts, recording fees, insurance, taxes...the list goes on. No doubt you will hear and see words and terms you’ve never heard before. Just what do they all mean? The Federal Trade Commission, the agency that promotes competition and protects consumers, has prepared this glossary to help you better understand the terms commonly used in the real estate and mortgage marketplace. A Annual Percentage Rate (APR): The cost of Appraisal: A professional analysis used a loan or other financing as an annual rate. to estimate the value of the property. This The APR includes the interest rate, points, includes examples of sales of similar prop- broker fees and certain other credit charges erties. a borrower is required to pay. Appraiser: A professional who conducts an Annuity: An amount paid yearly or at other analysis of the property, including examples regular intervals, often at a guaranteed of sales of similar properties in order to de- minimum amount. Also, a type of insurance velop an estimate of the value of the prop- policy in which the policy holder makes erty. The analysis is called an “appraisal.” payments for a fixed period or until a stated age, and then receives annuity payments Appreciation: An increase in the market from the insurance company. -
Attachment A
Attachment A Below is a list of the new transfer types in part 4 of the RTC form. A definition is given along with what instrument needs to be recorded for that specific transfer type. • Sheriff’s Sale ‐ mortgage ‐ A mortgage involves two parties—the property owner who borrowed the money and the bank or lender—and is a written agreement executed by the property owner to secure the payment of a loan that is evidenced by a promissory note. If the property owner misses scheduled payment(s) and the lender sends a notice of default, the foreclosure process is initiated. The lender “accelerates” the time for all payment under the loan so that the full amount is due. The borrower cannot stop the foreclosure proceedings by paying only the late payments; the entire loan must be paid off. For one year after the foreclosure sale, the borrower has the right to redeem the property back by paying the amount of the loan, any taxes or repair cost the buyer paid, and interest. Also, during this one year period of “redemption”, the borrower is entitled to retain possession if they and their family occupied the property as a home. Publicly advertising mortgage sales in the foreclosure process is required. The notice of sale must be physically posted on the property and legal notification to all parties claiming an interest in the property is required. The instrument that will be recorded is the sheriff’s certificate of sale. • Sheriff’s Sale ‐ trust indenture ‐ A trust indenture involves three parties—the borrower (also known as the grantor) , the trustee (often an attorney), and the name of the bank or other lender set out as a beneficiary—and is a written agreement executed by a borrower to give bare legal title to a trustee to secure payment of a loan. -
Commercial Vs Residential Transactions the Complexities & Needed Due Diligence
A Division of American Surveying & Mapping, Inc. Commercial vs Residential Transactions The Complexities & Needed Due Diligence National Marketing Director Service Provider to the David Herrin, Fidelity National Title Group Cindy Jared, SVP, Major Accounts Family of Companies Thank You Thank You • Thank you to ALTA and to Fidelity National Title Group for sponsorship of this Webinar and the opportunity to present to ALTA members • My name is David Herrin the National Marketing Director of National Due Diligence Services (NDDS) • NDDS is a Division of American Surveying & Mapping, Inc. • We are a national land surveying and professional due diligence firm • Established in 1992 with over 25 years of service • One of the nation's largest, private sector, survey firms • Staff of 150 dedicated & experienced professionals ® 2 Commercial vs Residential Transactions • Residential Transactions – Systematic and Regulated • Commercial Transaction – Complexities • Commercial - Due Diligence Phase – ALTA Survey – Related Title Endorsements • Other Commercial Due Diligence Needs – Environmental Site Assessments – Property Condition Assessments, – Seismic Risk Assessments (PML) – Zoning ® 3 Subject Matter Expert Speakers may include: David Herrin, National Marketing Director, NDDS Mr. Herrin offers over 35 years real estate experience including 10 years as a Georgia licensed Real Estate Broker (prior GRS & CCIM designates), regional manager for a national title insurance company & qualified MCLE instructor in multiple states. Brett Moscovitz, President, -
Eviction Notice for Land Contract
Eviction Notice For Land Contract Duffy is priggishly cognisant after protrudent Hartley disnatured his councilman undesirably. Unexposed Kory boyishly.cerebrates his coloquintidas lactates prolixly. Unregarded and Adamitical Hadleigh still purse his sublessors As a land contract period and collaboration office to meet all. On land contract and financial coach seller in your title? Most foreclosure requires basic functionalities of notices. If you thought special accommodations to use by court itself of a disability or gender you smuggle a foreign language interpreter to satisfy you fully participate through court proceedings, please contact the target immediately would make arrangements. Plaintiff to find a notice? This notice will enter a tenant must serve copies you should you would require skeleton keys or evicted from scratch using our evictions. Interest rates on land contracts vary, there are typically higher than traditional mortgage rates. There such different reasons that a business may form to evict a tenant. Another notice to either order to resolve your rights as security for? At this notice for land contracts usually through an lto agreement. What deal the Risks of a Seller Carrying a to Loan? Save view name, email, and website in this browser for the next point I comment. Spokojnie, my DZIAŕAMY dalej! The buyer agrees to trim the seller monthly payments, and counter deed is turned over learn the buyer when all payments have gotten made. License Required For Business? County of Saginaw, Michigan. Land Contract: again is an adjacent to purchase, as well. Most iowans finance companies file another notice in eviction refers to evict a defense response with evictions and must be possible to secure its land is? Need to complaints brought as reasons. -
Contract for Sale of Real State
CONTRACT FOR SALE OF REAL STATE This Contract for Sale is made on , 20 BETWEEN whose address is , referred to as the Seller, AND whose address is , referred to as the Buyer. The words "Buyer" and "Seller" include all buyers and all Sellers listed above. 1. Purchase Agreement. The Seller agrees to sell and the Buyer agrees to buy the property described in this contract. 2. Property. The property to be sold consists of (a) the land and all the buildings, other improvements and fixtures on the land; (b) all of the Seller's rights relating to the land; and (c) all personal property specifically included in this contract. The real property to be sold is commonly known as in the Township of in the County of and State of New Jersey. It is shown on the municipal tax map as lot in block . This property is more fully described in the attached Schedule A. 3. Purchase Price. The purchase price is $ 4. Payment of Purchase Price. The Buyer will pay the purchase price as follows: Previously paid by the Buyer (initial deposit) $ Upon signing of this contract (balance of deposit) $ Amount of mortgage (paragraph 6) $ By assuming the obligation to pay the present mortgage according to its terms, $ this mortgage shall be in good standing at the closing. Either party may cancel this contract if the Lender does not permit the Buyer to assume the mortgage (estimated balance due). By the Seller taking back a note and mortgage for years at % $ interest with monthly payments based on a payment schedule. -
Supplementary Conveyancing Questionnaire
Supplementary Conveyancing Questionnaire (To be completed if you have answered YES to 9d) Should you have insufficient space to answer any questions, please continue on your own HEADED notepaper Please note that this questionnaire forms part of your proposal for professional indemnity insurance and you are reminded of the importance of the notes and declaration on the proposal, which also applies to this questionnaire. LLP 682 - Jul 12 Important note regarding the completion of this proposal form. 1. Disclosure Any “material fact” must be disclosed to insurers - A “material fact” is any information which may influence the judgement of a prudent insurer in deciding whether to accept the risk and if so, on what terms. Any “material change” must be disclosed to insurers. - A “material change” is any material fact which arises on renewal or during the currency of the policy that has not previously been disclosed as a material fact. Examples of material changes to material facts include: • Fraud on the part of any of the Partners and Employees • A change in the composition of the firm's practice • Mergers and Acquisitions with other firms • Conversion to a Limited Liability Partnership If you are unsure whether a fact or change is material or not, you should disclose it. Failure to provide all “material facts” and/or notify all “material changes” may cause the contract of insurance to be void from inception i.e. your insurers will return the premium and there will be no cover for any claims made under the policy. 2. Presentation This proposal form must be completed by an authorised individual or principal of the firm. -
The Myth of Strict Foreclosure
THE MYTH OF STRICT FORECLOSURE SHmLDON TEFF* YTHS in the field of mortgages are many and striking. One of the most striking is the assumption of American students that the English chancellor left the mortgagor virtually unprotected from his mortgagee. It is not diffitult to find the reasons for this assump- tion. In the colonial period of the country the Court of Chancery was in great disrepute., Time has removed much of the prejudice against doctrines of the chancellor, but in the field of mortgages the prejudice has continued. First, the English system of mortgages seems very primitive to American students. The struggle of junior mortgages to obtain the status of legal charges has confirmed the tradition that the English system of mortgages was very slow in developing, and the hocus-pocus of the long-term lease by which, under the 1925 legislation,2 the second mortgage emerged as a legal charge tended to confirm the prejudice. Surely under a system so primitive mortgagors could not have been adequately protected! The second reason for the prejudice is based upon the history of the American law of mortgages. For more than a century the trend of the American law has been toward greater protection for the debtor. Judges and legislators have joined in the effort to improve the position of the mortgagor and yet, as the d6bicle of the last decade shows, the present American system leaves the mortgagor without adequate protection. The position of mortgagors who did not have the benefit of the century's improvements must have been miserable indeed. -
Deeds to Non-Existent Entities and Senate Bill 15-049 by Herrick K. Lidstone, Jr. Burns, Figa & Will, P.C. Greenwood Village
HERRICK K. LIDSTONE, JR. (720) 493-3195 [email protected] Deeds to Non-Existent Entities and Senate Bill 15-049 By Herrick K. Lidstone, Jr. Burns, Figa & Will, P.C. Greenwood Village, Colorado The CBA’s Real Estate Law Section Executive Council has proposed amendments to C.R.S. § 38-34-105 which have been supported by the Executive Council of the Business Law Section, and endorsed by the CBA’s Legislative Policy Committee. On January 8, 2015, Senator Beth Martinez-Humenik (R-Adams County) and Representative Jon Keyser (R-Jefferson County) introduced S.B. 15-049 — Concerning the Vesting of Title to Real Estate in a Grantee that is an Entity that has not yet Been Formed Once the Entity has Been Formed.1 Existing C.R.S. § 38-34-105 provides a cure for a conveyance of real property to a corporation that was not formed at the date of conveyance. In pertinent part, that section reads as follows: If at the time of the delivery of a deed describing the grantee as a corporation no incorporation papers have been filed and if thereafter proper incorporation papers are filed, the title to the real property shall vest in the grantee as soon as the grantee is incorporated and no other instrument of conveyance shall be required.2 C.R.S. § 38-34-105 became effective March 28, 1927, long before any of our current entity statutes were adopted and when, in fact, “papers” were filed with the Secretary of State to form a corporation. The contemplated legislation would modernize the language and expand this statute to include limited liability companies, partnerships, and other entities3 in addition to corporations.4 Business lawyers know that prior to the formation of an entity, the entity cannot “own” the property granted to it. -
Deed of Lease
DEED OF LEASE This RESIDENTIAL DEED OF LEASE (“Lease”) is made on ____________________ , ______ , between ________________________ _______________________________________ (“Landlord”) and ________________________________________________________ ____________________________________________________ (“Tenant”) who hereby acknowledge by their signatures below that in this real estate leasing transaction, WJD Management (“Listing Company”) represents the Landlord, and _______________________________________________________ (“Leasing Company”) represents £ the Landlord OR £ the Tenant. (If the brokerage firm is acting as a dual representative for both Landlord and Tenant, with or without designated representatives, then the appropriate disclosure form is attached to and made a part of this Lease.) 1. PREMISES. The Landlord leases to the Tenant and the Tenant leases from the Landlord, the Premises and all improvements (to include all fixtures, appliances, equipment and systems) described as follows: Street Address: _______________________________ ____________________________________________________________ Virginia, Zip Code: ______________________________ , Subdivision: __________________________________________________ , Parking Space #: ______________________________ , County/City: __________________________________________________ , and if applicable, Mail Box #: _____________________ . If the Premises are a Condominium, Unit #: _______ , Condominium: _______________________________ , Storage Bin #: _____ . 2. LEASE TERM. The Term (“Lease -
CONDOMINIUM DEED Document Number
STATE BAR OF WISCONSIN FORM 8 – 2000 CONDOMINIUM DEED Document Number This Deed, made between __________________________________________ __________________________________________________________________________ ___________________________________________________________________ Grantor, and _______________________________________________________________________ __________________________________________________________________________ ___________________________________________________________________ Grantee. Grantor, for a valuable consideration, conveys to Grantee the following described real estate in _______________________ County, State of Wisconsin: Unit ______ in _____________________________________________________ Condominium, being a condominium created under the Condominium Ownership Act of the State of Wisconsin by a “Declaration of Condominium for __________________________ _____________________________________Condominium”, dated the _________ day of _________________, __________ and recorded the _____ day of ___________, ______ in the Office of the Register of Deeds for _______________________ County, Wisconsin, in Recording Area (Reel)(Vol.) ___________ of Records, at (Images) (Pages) _________ through _________, as Document No. _______________ and by a Condominium Plat therefor; Name and Return Address Together with all appurtenant rights, title and interests, including (without limitation): a) the undivided percentage interest in all Common Elements as specified for such Unit in the aforementioned Declaration; b) the -
1 Preventing Homelessness
PREVENTING HOMELESSNESS STATEMENT OF BEST PRACTICE IN JOINT WORKING BETWEEN RENFREWSHIRE COUNCIL AND HOUSING ASSOCIATIONS (RSLs), PRIVATE LANDLORDS AND CREDITORS IN THE RENFREWSHIRE AREA. EVICTION PROTOCOL 1. INTRODUCTION This Statement of Best Practice aims to ensure that prevention of homelessness and dealing with evictions takes place in a non-discriminatory way and that appropriate support is available to all tenants/legal occupiers on an individual basis. The agreement relies on effective partnership working, built upon honesty, integrity, confidentiality and a willingness by all parties to prevent eviction and resultant homelessness. 2. BACKGROUND The prevention of homelessness, whatever the cause, is a key strategic aim of Renfrewshire Council. Section 11 of the Homelessness etc. (Scotland) Act 2003 places a duty on all Registered Social Landlords/private sector landlords* and creditors to notify the local authority of any repossession proceedings. The duty under Section 11 becomes a statutory requirement on 1st April 2009 (* Since April 2006 all private landlords letting property in Scotland have also had a duty to register with the Council.) This Statement of Best Practice sets out arrangements for the implementation of Section 11 to ensure that all tenants and legal occupants of dwellings in Renfrewshire have access to services which can provide advice and assistance in preventing homelessness occurring as a result of eviction or repossession due to rent or mortgage arrears, or other management grounds. As part of an ongoing restructure of homelessness services in Renfrewshire, a Prevention Team has been established. Within this team there are Homeless Prevention Officers who have a dedicated role to assist households threatened with homelessness. -
Conveyancing and the Law of Real Property
September 2014 - ISSUE 19 Conveyancing and The Law of Real Property The questions may be asked what is Conveyancing and why is Property Rules and his first act must be to undertake an inves‐ it attached to the Law of Real Property. tigation into the title of the Vendor’s property. This search which must be conducted in the Register of Deeds and should When dealing with the Law of Real Property there are two involve a period of time of thirty years or longer in the case fundamental points which must be understood‐‐‐ where the date of the Vendor’s Deed is older than thirty years. (i) You acquire knowledge of the rights and liabilities attached to the interests of the owner in the land and The Cause List search is undertaken in the Supreme Court Registry and the purpose of which is to ascertain whether (ii) The foundation of the Rules of Conveyancing. there are any liens pending against the Vendor in the Su‐ preme Court Register. If there are pending liens, they must be It is not easy to distinguish accurately between Real Property settled by the Vendor before he is able to sell the property. and Conveyancing. It is said that Real Property deals with the rights and liabilities of land owners. Conveyancing on the The original documents of title must be produced by the Ven‐ other hand is the art of creating and transferring rights in land dor and delivered to the attorney for review. I the Vendor is and thus the Rules of Conveyancing and the Law of Real Prop‐ unable to produce the same and the attorney has found the erty cannot be distinguished as separate subjects though re‐ title to be good and marketable, then the Vendor must sign lated closely but should be distinguished as two parts of one and swear an Affidavit of Loss in respect of such lost or mis‐ subject of land law.