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Legal Documentation CONTRACTS FOUR ESSENTIAL ELEMENTS: –PARTIES TO A CONTRACT MUST BE LEGALLY COMPETENT –SUBJECT MATTER MUST BE LEGAL AND PROPER –MUST.

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Presentation on theme: "Legal Documentation CONTRACTS FOUR ESSENTIAL ELEMENTS: –PARTIES TO A CONTRACT MUST BE LEGALLY COMPETENT –SUBJECT MATTER MUST BE LEGAL AND PROPER –MUST."— Presentation transcript:

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2 Legal Documentation

3 CONTRACTS FOUR ESSENTIAL ELEMENTS: –PARTIES TO A CONTRACT MUST BE LEGALLY COMPETENT –SUBJECT MATTER MUST BE LEGAL AND PROPER –MUST BE EVIDENCE OF AN OFFER AND AN ACCEPTANCE –MUST BE CONSIDERATION

4 REAL PROPERTY THE DEED OF TRUST IS THE INSTRUMENT USED TO ESTABLISH A SECURITY INTEREST IN REAL PROPERTY IT IS A THREE PARTY INSTRUMENT –LENDER –BORROWER –TRUSTEE

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6 WARRANTY DEED THE INSTRUMENT THAT TRANSFERS TITLE IN REAL PROPERTY THE SELLER IS GUARANTEEING THAT THE TITLE IS FREE AND CLEAR OF ENCUMBRANCES

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8 QUITCLAIM DEED THE SELLER IS AGREEING ONLY TO CONVEY ANY INTEREST IN THE PROPERTY, BUT NOT GUARANTEEING THAT THE PROPERTY IS FREE OF ENCUMBRANCES BY OTHERS

9 OTHER INSTRUMENTS ABSTRACT - ALL DEEDS, MORTGAGES, FORECLOSURES, AND OTHER PERTINENT FACTS THAT AFFECT TITLE TO LAND. TITLE INSURANCE - USED IN PLACE OF AN ABSTRACT.

10 A LIEN IS A CLAIM OR ENCUMBRANCE ON A PROPERTY. FORECLOSURE IS THE PROCESS UNDER WHICH LENDERS EXERCISE THEIR RIGHTS TO HAVE SECURITY SOLD AND THE PROCEEDS APPLIED TO THE OUTSTANDING LOAN BALANCE.


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