Quiz for Land conveyances |
<< Go to card set details |
Question 1
| Multiple-choice | |
"… whose conveyance is first recorded" refers to? | |
| Select the best answer | |
B - it's a race notice-statute |
First in time, first in right |
the right of redemption is gone |
None - a deed only evidences title |
| Multiple-choice | |
What covenants does a quitclaim deed contain? | |
| Select the best answer | |
Land contract, and closing, where deed becomes the operative document. |
Grantor physically or manually transfers the deed to the grantee |
None - grantor isn't even promising that he has title to convey |
Shelter rule, rule of the wild deed, rule of estoppel by deed |
| Multiple-choice | |
What effect does destroying a deed have on title? | |
| Select the best answer | |
None - a deed only evidences title |
No, unless the shelter rule applies. |
Yes - this plays into inquiry notice |
LEAD - LAWFULLY EXECUTED AND DELIVERED |
| Multiple-choice | |
Riparian doctrine | |
| Select the best answer | |
Attorney fees, foreclosure expenses, accrued interest in <foreclosing> bank's lien |
Grantor promises to defend grantee should there be lawful claims of title brought by others |
Lack of consideration, fraud in the inducement, unconscionability, waiver, estoppel |
Water belongs to those who own the land bordering the watercourse, known as riparians |
| Multiple-choice | |
What are the two steps in a conveyance of real estate? | |
| Select the best answer | |
Land contract, and closing, where deed becomes the operative document. |
None - grantor isn't even promising that he has title to convey |
Senior creditor may agree to subordinate its priority to a jr. creditor |
O and B are personally liable. B is primarily liable, O is secondarily liable |
| Multiple-choice | |
How are sale proceeds divided among mortgagees? | |
| Select the best answer | |
Whether grantor had present intent to be bound, irrespective of whether the deed itself was literally handed over |
Only if P can prove that because of D's actions, P's land would've collapsed even in its natural state |
In order of priority; each claimant is entitled to satisfaction in full before a subordinated lienholder may take. |
It results in the preservation of the party's claim, despite the foreclosure and sale - his mortgage remains on the land. |
| Multiple-choice | |
Mortgage automatically follows | |
| Select the best answer | |
A properly transferred note |
The general warranty deed |
Unambiguous description |
Title and right to possess |
| Multiple-choice | |
Race-notice statute | |
| Select the best answer | |
By changing drainage or making any other changes/improvements on his land (in many courts - without causing unnecessary harm to others' land) |
MAD FIFI4 (MATERIAL ALTERATION, DURESS, FRAUD IN THE FACTUM - lie about the instrument, INCAPICITY, ILLEGALITY, INFANCY, INSOLVENCY) |
Any conveyance of an interest in land shall not be valid against any subsequent purchaser for value, without notice thereof, whose conveyance is first recorded. |
B assumes no personal liability, but if recorded the mortgage sticks with the land - if O does not pay, the mortgage may be foreclosed |
| Multiple-choice | |
What are other terms for a legal mortgage? (5) | |
| Select the best answer | |
Debt, and a voluntary lien on debtor's land to back up or secure the debt |
Note, deed of trust, mortgage deed, sale-leaseback, security interest in land |
Covenant of seisin, covenant of right to convey, covenant against encumbrances |
If B is a bona fide purchaser, B wins only if she records properly before A does |
| Multiple-choice | |
Seller is on the hook for… | |
| Select the best answer | |
Title and right to possess |
At the instance of delivery |
lies and material omissions |
First in time, first in right |




