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Title and Ownership
Title and Ownership
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Types
Title and Ownership
Cloud on Title
Title and Ownership
Apparent claim, encumbrance, or record problem that creates doubt about real-property ownership or transferability.
Read more about Cloud on Title.
Title and Ownership
Easement
Title and Ownership
Limited legal right allowing a person, utility, or neighboring property to use another owner's land for a defined purpose.
Read more about Easement.
Title and Ownership
Lis Pendens
Title and Ownership
Recorded notice that pending litigation may affect title to or an asserted interest in a specific property.
Read more about Lis Pendens.
Title and Ownership
Mortgage Electronic Registration Systems (MERS)
Title and Ownership
Mortgage-industry registry framework that tracks registered servicing and ownership information while MERS may remain named in land records.
Read more about Mortgage Electronic Registration Systems (MERS).
Title and Ownership
Mortgage Nominee
Title and Ownership
Party named in a mortgage security instrument to act in a defined capacity for the lender and permitted successors or assigns.
Read more about Mortgage Nominee.
Title and Ownership
Quiet Title Action
Title and Ownership
Court proceeding used to determine competing real-property claims and establish the parties' ownership or other title rights.
Read more about Quiet Title Action.
Title and Ownership
Reformation of a Deed or Mortgage
Title and Ownership
Court remedy that changes a deed or mortgage so the written instrument reflects the agreement the parties actually made.
Read more about Reformation of a Deed or Mortgage.
Title and Ownership
Sole Ownership
Title and Ownership
Title vesting in one owner, distinct from whether one or multiple people owe the mortgage debt.
Read more about Sole Ownership.
Title and Ownership
Title Insurance Endorsement
Title and Ownership
Attachment that changes, adds, or clarifies coverage in an owner's or lender's title insurance policy.
Read more about Title Insurance Endorsement.
Title and Ownership
Chain of Title
Title and Ownership
The sequence of recorded ownership transfers used to trace how the current seller obtained title to a property.
Read more about Chain of Title.
Title and Ownership
Encumbrance
Title and Ownership
A claim, restriction, or third-party right that burdens real-property title or limits the property's use or transfer.
Read more about Encumbrance.
Title and Ownership
Due-on-Sale Clause
Title and Ownership
A due-on-sale clause is the loan provision that may let the lender require payoff if the property is transferred without an approved assumption or other permitted exception.
Read more about Due-on-Sale Clause.
Title and Ownership
Encroachment
Title and Ownership
Physical improvement that crosses a property boundary or occupies an area subject to another property right.
Read more about Encroachment.
Title and Ownership
Property Survey
Title and Ownership
Professional measurement and drawing used to compare a property's physical boundaries and improvements with its recorded description.
Read more about Property Survey.
Title and Ownership
Boundary Dispute
Title and Ownership
Disagreement or unresolved uncertainty about a property line that can affect title, collateral, and closing.
Read more about Boundary Dispute.
Title and Ownership
HOA Lien
Title and Ownership
Homeowners association claim against a property for unpaid amounts that can affect title clearance and mortgage closing.
Read more about HOA Lien.
Title and Ownership
Judgment Lien
Title and Ownership
Property lien arising from a court judgment under applicable attachment and recording rules.
Read more about Judgment Lien.
Title and Ownership
Legal Description
Title and Ownership
Formal written identifier for the parcel conveyed by a deed and pledged through a mortgage or deed of trust.
Read more about Legal Description.
Title and Ownership
Mechanic's Lien
Title and Ownership
Statutory property claim that a contractor or supplier may assert for unpaid labor, services, or materials.
Read more about Mechanic's Lien.
Title and Ownership
Plat Map
Title and Ownership
Recorded parcel map showing subdivision lots, streets, easements, and other details referenced by title documents.
Read more about Plat Map.
Title and Ownership
Tax Lien
Title and Ownership
Government claim securing unpaid taxes that can affect property title, lien priority, sale, or refinancing.
Read more about Tax Lien.
Title and Ownership
Unreleased Lien
Title and Ownership
A paid, expired, or otherwise resolved lien that still appears in property records because its release was not properly recorded.
Read more about Unreleased Lien.
Title and Ownership
Closing Protection Letter
Title and Ownership
Title-insurer indemnity addressing specified losses caused by an approved closing agent's handling of instructions, funds, or documents.
Read more about Closing Protection Letter.
Title and Ownership
Community Property
Title and Ownership
State-law marital-property system that can affect ownership, debt analysis, and spouse signatures in a mortgage transaction.
Read more about Community Property.
Title and Ownership
Corrective Deed
Title and Ownership
New deed used to correct an error in a previously recorded deed when state law and the title provider require a deed-level cure.
Read more about Corrective Deed.
Title and Ownership
Gap Period
Title and Ownership
The interval between the latest effective title search and recording when another claim or instrument could enter public records.
Read more about Gap Period.
Title and Ownership
General Warranty Deed
Title and Ownership
Warranty deed that generally gives broad title covenants extending beyond problems created during the grantor's ownership.
Read more about General Warranty Deed.
Title and Ownership
Grant Deed
Title and Ownership
State-specific ownership-transfer deed that may carry limited implied title covenants based on its wording and local law.
Read more about Grant Deed.
Title and Ownership
Joint Tenancy
Title and Ownership
Co-ownership form commonly using equal interests and a right of survivorship under state law.
Read more about Joint Tenancy.
Title and Ownership
Life Estate
Title and Ownership
Property ownership structure dividing lifetime possession from the future remainder interest.
Read more about Life Estate.
Title and Ownership
Owner's Affidavit
Title and Ownership
An owner's signed statement about title-related facts that may not be fully visible in public property records.
Read more about Owner's Affidavit.
Title and Ownership
Quitclaim Deed
Title and Ownership
Deed conveying whatever property interest the grantor has, if any, without title warranties.
Read more about Quitclaim Deed.
Title and Ownership
Title Commitment Schedule A
Title and Ownership
The title-commitment schedule identifying the proposed policies, insured parties, ownership interest, current vesting, and land.
Read more about Title Commitment Schedule A.
Title and Ownership
Title Commitment Schedule B
Title and Ownership
The title-commitment schedule separating conditions for policy issuance from matters excluded or limited under proposed coverage.
Read more about Title Commitment Schedule B.
Title and Ownership
Scrivener's Affidavit
Title and Ownership
Sworn statement used in some states to explain or cure a limited clerical error in a recorded real-estate document.
Read more about Scrivener's Affidavit.
Title and Ownership
Special Warranty Deed
Title and Ownership
Warranty deed that generally limits the grantor's title covenants to claims arising through that grantor.
Read more about Special Warranty Deed.
Title and Ownership
Right of Survivorship
Title and Ownership
Co-ownership feature under which a deceased owner's interest passes to a surviving owner under state law.
Read more about Right of Survivorship.
Title and Ownership
Tenancy by the Entirety
Title and Ownership
Spouse-specific co-ownership form recognized in some jurisdictions with survivorship and unified ownership features.
Read more about Tenancy by the Entirety.
Title and Ownership
Tenancy in Common
Title and Ownership
Co-ownership form in which each owner holds a separate undivided property interest without automatic survivorship.
Read more about Tenancy in Common.
Title and Ownership
Title Bringdown
Title and Ownership
An updated public-record search used to identify title changes after the earlier search and before recording.
Read more about Title Bringdown.
Title and Ownership
Title Commitment
Title and Ownership
Title insurer's conditional obligation to issue proposed owner or lender coverage after listed requirements are satisfied.
Read more about Title Commitment.
Title and Ownership
Title Defect
Title and Ownership
Ownership, document, or recorded-claim problem that can prevent a property transfer or mortgage from being insured as proposed.
Read more about Title Defect.
Title and Ownership
Title Exception
Title and Ownership
Known matter excluded from title-policy coverage, often listed in Schedule B of the commitment and final policy.
Read more about Title Exception.
Title and Ownership
Title Requirement
Title and Ownership
A condition that must be completed to the title insurer's satisfaction before it will issue the proposed policy.
Read more about Title Requirement.
Title and Ownership
Vesting
Title and Ownership
The names and legal ownership form in which title to real property is held and shown in the deed and land records.
Read more about Vesting.
Title and Ownership
Warranty Deed
Title and Ownership
Ownership-transfer deed containing promises from the grantor about title, with scope determined by state law and the deed's wording.
Read more about Warranty Deed.
Title and Ownership
Assignment of Mortgage
Title and Ownership
An assignment of mortgage records the transfer of a recorded mortgage or deed-of-trust interest to another party.
Read more about Assignment of Mortgage.
Title and Ownership
Deed
Title and Ownership
A deed is the signed legal document that transfers ownership of real estate from the current owner to the new owner.
Read more about Deed.
Title and Ownership
Deed of Reconveyance
Title and Ownership
A deed of reconveyance releases a deed-of-trust claim from the property record after the secured mortgage debt is paid.
Read more about Deed of Reconveyance.
Title and Ownership
First Lien
Title and Ownership
Senior recorded claim that gives a mortgage lender priority over junior property liens.
Read more about First Lien.
Title and Ownership
Junior Lien
Title and Ownership
Property claim that ranks behind a senior lien, commonly securing a second mortgage or HELOC.
Read more about Junior Lien.
Title and Ownership
Lien Priority
Title and Ownership
Legal order determining which property claims are paid or enforced ahead of other liens.
Read more about Lien Priority.
Title and Ownership
Release of Lien
Title and Ownership
Document or recorded action clearing a property lien after payoff, satisfaction, reconveyance, or another accepted resolution.
Read more about Release of Lien.
Title and Ownership
Security Instrument
Title and Ownership
A security instrument is the mortgage or deed-of-trust document that gives the lender a property-based claim securing repayment.
Read more about Security Instrument.
Title and Ownership
Substitution of Trustee
Title and Ownership
A substitution of trustee is a deed-of-trust document that replaces the trustee named in the security instrument.
Read more about Substitution of Trustee.
Title and Ownership
Title Insurance
Title and Ownership
Insurance covering specified ownership and lien risks, generally tied to defects or events existing before the policy date.
Read more about Title Insurance.
Title and Ownership
Title Search
Title and Ownership
Examination of public land records and other title evidence to identify ownership, liens, encumbrances, and defects before closing.
Read more about Title Search.
Title and Ownership
Trustee in a Deed of Trust
Title and Ownership
A trustee in a deed of trust is the document-named party connected to the lender's security rights in deed-of-trust states.
Read more about Trustee in a Deed of Trust.
Title and Ownership
Subordination
Title and Ownership
Priority arrangement under which one property lien is placed or kept behind another lien.
Read more about Subordination.
Title and Ownership
Subordination Agreement
Title and Ownership
A document in which an existing junior lienholder agrees to stay behind a new or modified first mortgage.
Read more about Subordination Agreement.
Title and Ownership
Clear Title
Title and Ownership
Closing-ready title with no unresolved ownership or lien problem preventing the proposed transfer and insured mortgage priority.
Read more about Clear Title.
Title and Ownership
Deed of Trust
Title and Ownership
A deed of trust is a security instrument used in many mortgage transactions that places property-related security rights into a trustee structure.
Read more about Deed of Trust.
Title and Ownership
Lender's Title Insurance
Title and Ownership
Title policy protecting an insured lender against covered defects affecting mortgage validity, enforceability, or lien priority.
Read more about Lender's Title Insurance.
Title and Ownership
Lien
Title and Ownership
Claim or security interest attached to real property that can secure payment and affect a mortgage lender's priority.
Read more about Lien.
Title and Ownership
Owner's Title Insurance
Title and Ownership
Title policy protecting the insured homeowner's ownership interest against covered defects, liens, and claims.
Read more about Owner's Title Insurance.
Title and Ownership
Recording
Title and Ownership
Recording is the act of filing deeds, mortgages, and related documents in the public property record.
Read more about Recording.
Title and Ownership
Satisfaction of Mortgage
Title and Ownership
A recorded document showing that a mortgage debt has been paid and the related claim against the property has been released.
Read more about Satisfaction of Mortgage.
Title and Ownership
Title
Title and Ownership
The legal ownership interest in real property that a buyer receives and a mortgage lender evaluates as collateral.
Read more about Title.
Title and Ownership
Title and Ownership
Title and Ownership
Mortgage title and ownership terms that explain legal ownership, title review, insurance, deeds, and property claims.
Read more about Title and Ownership.