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Real Property Law Lecture Three: Transfer of Land, Mortgages, and Title Assurance (Part 3 of 3) (Part 2)
This legal lecture explores the fundamental concepts of real property transfer, focusing on how land interests move from one party to another, how financing is secured through mortgages, and how buyers and lenders ensure they have good title to the property. It covers the essential steps in a land sale, including the requirement for a written contract under the statute of frauds and exceptions like part performance, along with the implications of equitable conversion during the contract period. The lecture also details the requirements for deeds that convey legal ownership, explains the different types of deeds and the warranties they provide, and discusses the crucial concepts of delivery and acceptance. Furthermore, it examines how recording systems determine priority among competing interests, explains the different types of recording statutes (race, notice, race-notice), and defines various forms of notice. Finally, it introduces mortgages as security devices, discusses different foreclosure methods, and covers title assurance methods like abstract and opinion and, more commonly, title insurance, while also briefly touching upon adverse possession as another way to acquire ownership.
Takeaways
Understanding the contract for the sale of land is fundamental.
The statute of frauds requires written agreements to prevent disputes.
Equity can intervene in handshake deals through part performance.
The deed is crucial for transferring legal title.
Different types of deeds offer varying levels of protection.
Delivery and acceptance are key to a valid deed transfer.
Recording deeds provides public notice and establishes priority.
Mortgages serve as security interests for lenders.
Title insurance protects against hidden defects in property titles.
Adverse possession allows for acquiring title through long-term possession.
real property, land transfer, mortgages, title assurance, property law, contract, deed, title insurance, foreclosure, adverse possession
Published on 7 months ago