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Thread: Deeds and Deeds of Trust

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  1. #8
    Quote Originally Posted by David Merrill View Post
    Thank you for noticing the trend. That is a good direction for this thread.

    I noticed reference to the Merovingians - Mer is Marine - admiralty. This is the Bloodline theology quickly making a claim to the Living God through the Son and His alleged Bloodline. Usurpation. The mother of the first Merovingian King was allegedly raped while swimming in the ocean by a sea monster.
    Joinder while in admiralty jurisdiction to a leviathan (a type of government?)? In Clash of the Titans, I suspect the Kraken manifests as a type of government.

    ***

    Re: real estate, warranty deeds and quitclaim deeds. From analysis, the US real estate system is for the most geared for "residential sales/purchase" and is slanted with a presumption of a "mortgage" being involved. As matter of fact they make it challenging for someone to do cash transactions (IMHO studying real estate law or having a very trust-worthy advisor seems advisable). Anyways, a key deliverable at closing due on the part of a seller of real property is the some document to formally convey title. The "warranty deed" is typically pushed. In some areas its moreso about the "quitclaim deed". Its interesting that the "general party line" is that one is to choose warranty deed or a quitclaim deed--but yet why can't it be both warranty and quitclaim combined? Warranty and quitclaim can be combined in the same deed.

    Also, if one is quite attentive to detail, what is being conveyed in RE transactions is TITLE or a bundle of rights to real property not necessarily the real property itself (i.e. delivery of possession of the real property comes at closing with the warranty deed). If I acquire property from a resident of the State of Illinois, clearly I can take a higher level of title, what I want from them is to quit their claim or to assign their rights to my purchaser...to vacate the property.

    Also: I would tend to suggest always doing quiet title (see: lis pendens) process after paying off a mortgage or after a 'cash purchase' of real estate.

    A warranty deed can have one party -> the Grantor. It need not be by and between the Grantor and the Grantee. Typically the Warranty Deed is held in escrow for closing. So how can the Grantee be a party.

    P.S. One thing that is typically left out of the purchase contracts and something I would require is that the Purchaser should be able to specify an acceptable form of warranty deed or quitclaim deed. Why? I have seen attorney-drafted Warranty Deeds were hardly a full sentence was formed. As in, they were clearly making the document amount to nothing. How would YOU like to pay $15,000 or $150,000 or $2.0M for a piece of land only to get a crap warranty deed? Thusly (instead of presuming a good form of warranty deed will be delivered at closing) you see why its important for a purchaser to bring an approved form of a warranty deed to the table REGARDLESS of what the seller's attorney says or does? Warranty deeds are tauted as "the best kind of deed" and while they may be best in some ways, I see a lot of merit in a quitclaim deed or in quiet title process nonetheless. Warranty deeds seem to go hand in hand with title insurance. The 'funny' thing is that one of the most important warranties a seller can make is that the seller even has the right to sell, convey, grant or assign a respective property. (See: Affidavit of Title.)

    PS #2: I read more of the document. They are on point. I've found that the attorneys and folk have tended to 'steer' a real estate transaction. The warranty deed can have indication that the Grantor is in receipt of lawful money. Also, its easy to cure the defects. The Grantee can make a warranty deed to himself/herself/itself to clear out defects. Its one of those "If you dont know I aint gonna tell you" kind of things. If one looks carefully, one might find that a seller of real estate might be 'selling' an 'office'.
    Last edited by allodial; 01-11-13 at 04:56 PM.
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