| Land Trusts |
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| A land trust is a device by which land is conveyed to a trustee for the benefit of another. A settlor is the owner of the property that is placed into the trust. A land trust is created when settlor expresses his or her intent to create a trust through a written instrument. The instrument must name the trustee and identify the trustee's powers, the beneficiaries, and any remaindermen. The settlor may be the trustee and, in most cases, the beneficiary of the land trust.More... |
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| Judgment Liens and Other Types of Liens against Real Property |
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| Most agreements for the sale of real estate contain a clause that requires the seller to convey "marketable title" or "merchantable title" to the buyer. In essence, "marketable title" refers to a title free of encumbrances. A lien is an encumbrance upon real property, and the existence of a lien on real property renders the title unmarketable.More... |
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| The Residential Lead-Based Paint Hazard Reduction Act |
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| The Residential Lead-Based Paint Hazard Reduction Act is the federal law that addresses the health problems that have been associated with the use of lead-based paint in apartments and rental units. The Act and its enforcement regulations apply to rental properties that were built before 1978.More... |
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| Mortgages -- Satisfaction |
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| When a borrower pays off a mortgage or deed of trust, the lender on the mortgage or deed of trust must record a notice that it no longer holds a security interest in the mortgaged property. The laws governing such notifications vary from state to state, and the laws of each state must be consulted individually for further details. A satisfaction of mortgage may also be known as a release or cancellation.More... |
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| Presentation of and Response to Offers to Buy Real Estate |
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| All offers to buy real estate must be presented to the seller or his agent as soon as possible. That means that as soon as the buyer's offer is made available to the listing agent, that offer must be presented to the seller. The listing agent has no discretion in whether to present an offer to the seller. All offers must be presented, even if the listing agent believes that the seller will not accept the offer.More... |
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