In: Civil Engineering
various problews and situation that the landlord will face have to face described and suggested below,
Deeds and Property Transfer
Real estate in the United States has a long history of being extremely valuable. Owning land was only for the wealthiest individuals in the early years of U.S. history. Unlike property that can move (possession is nine-tenths of the law after all!), it is often difficult to see who owns real estate just by looking at it. The value of the property and the need to have some tangible way to determine who owns a property make property ownership much more paperwork-heavy than other types of goods.
Every piece of real estate in the United States is tracked or recorded. Usually, these files are kept with the County Recorder’s office. They are public record, which means that anyone who wants the information can take certain steps to obtain it. It also means that when you transfer property from one owner to the next, you need to change the official documents to reflect the transfer. In fact, a failure to record the required documents accurately can undermine and even invalidate the transfer altogether.
When to Use
Property Deed
Quit claim deeds are used to quickly change ownership on a property title and are commonly used between family members and to transfer property into a trust. Because they do not provide guarantees against title defects, they are usually the quickest and easiest solution for naming new property owners.
General warranty deeds guarantee that the property title is free and clear of any liens and other defects (unless stated in the deed) and that the grantor owns proper title to the property. These guarantees make general warranty deeds ideal for property sales.
A special warranty deed (or "limited warranty deed" in some states) is similar to a general warranty deed, except that there are no guarantees against any liens and defects that may have occurred prior to the grantor becoming an owner.
When to Use
a General Warranty Deed
A general warranty deed is the go-to deed to use for selling a property because it includes standard promises that buyers expect. Basically, the deed provides guarantees to the new owner that the grantor has a valid legal title to the property and that the title is free and clear of any liens or other defects (unless explicitly listed in the deed).
Use a quit claim deed to quickly sell or transfer property without warranties. This deed is commonly used to add new owners to the title, transfer property to family, or remove a “cloud” on the title.
Use a Quit Claim Deed
Because quit claim deeds do not contain any title warranties, they are normally used between parties that know and trust each other.
Quit Claim Deed
A quit claim deed is the simplest and cleanest way to transfer or divide a property interest among trusted parties. Unlike a general warranty deed, it does not contain any warranties that the title is free and clear of liens or other restrictions. Instead, the owner is simply transferring the property interest “as is.” This makes this deed a favorite for transfers between family members and in other situations where the parties have no need for title insurance to protect against defects.
LegalNature's deed of trust form allows you to quickly and easily customize a deed of trust that clarifies the rights and responsibilities of all parties. This help guide explains the various options and considerations when completing the agreement and provides a brief description of the key sections of the agreement.
Party Information
When completing the form you will need to provide the name and address of each of the parties involved. Enter the details for the borrower, guarantor (if any), and lender. You may include more than one of any of these parties as needed.
Recording Information
Deeds of trust usually need to be recorded with the appropriate government division, usually the County Recorder's Office. The top of the form is used to indicate specific recording information. This includes the party responsible for preparing the agreement, the party requesting that it be recorded, and the party designated to receive confirmation and other information back from the recording office.
Grant and Conveyance
In the first substantive paragraph of your agreement, the borrower grants the lender title to the property as security for repayment of the property loan. This means the borrower must repay in full or the lender will be able to foreclose on the property and take complete ownership.
Legal Description
In this section you will enter one or more legal descriptions of the property. If you do not have the legal property description already, you can find it easily by contacting your county Register or Recorder of Deeds (by phone or online) and providing the property address or tax parcel number. You can also try looking at previously-recorded deeds, tax assessments, websites such as Zillow.com, your land title, or asking a licensed real estate attorney for help. Including multiple legal descriptions is recommended, if possible, in order to clearly identify the property.
Promissory Note Terms
This section provides an overview of the terms of repayment as specified in the promissory note for the loan. The terms specified here are for reference purposes only and will not modify the terms of the note. You can think of the difference between the promissory note and the deed of trust in that a deed of trust is a promise to give the property title to the lender if the borrower does not repay, while the promissory note spells out the specific terms of repayment (i.e. principal, interest, important dates, and penalties).
Borrower Representations and Covenants
Here, the borrower promises that it owns true and proper title the property and has the right to convey the title to the lender. The borrower agrees to defend its property title against claims by third parties.
Repayment
The borrower promises to repay the lender on time and in full, including any associate fees and penalties. The borrower may not make set-offs (deductions) on repayment for items the borrower believes the lender owes. The lender is not obligated to accept a partial payment from the borrower—for instance, a payment less than the monthly amount owed—and by accepting a partial payment, the lender does not become obligated to accept more partial payments in the future.
Terms and Conditions of Escrow Charges
Escrow charges are certain items that the borrower is legally obligated to repay before repaying the promissory note. This means they have legal priority. Examples include real estate taxes and property insurance premiums. In order to protect its interest in the property and ensure that these are paid on time, the lender will require these to be paid along with the regular loan payment.
The borrower is responsible for notifying the lender if it becomes delinquent in paying escrow charges. Unless one of the exceptions specified in this section applies, the borrower must also discharge—meaning, repay and fully satisfy—any liens with priority over the deed of trust. The best example is a prior security agreement against the property.
RESPA
RESPA, or the Real Estate Settlement Procedures Act, is a federal law that prohibits lenders from charging unreasonable fees and requires them to provide borrowers with timely and accurate disclosures about the nature of the costs associated with the settlement process. This section is meant to ensure that the lender is held accountable for abiding by the requirements of RESPA.
Prepayment
You have the option of allowing prepayment of the loan when creating this agreement. If allowed, the borrower may prepay amounts greater than what is owed by the due date without incurring a penalty. However, making such payments will never relieve the borrower from its obligation to at least meet its minimum regular payment each period.
Guarantee
You have the option of including one or more guarantors when creating this agreement. A guarantor agrees to make payments on behalf of the borrower if the borrower is ever unable to meets its repayment obligations.
Property Insurance
This section gives the lender the option of requiring the borrower to maintain property insurance during the term of repayment, including fire, flood, earthquake, and hazard insurances. The borrower will be required to notify both the lender and the insurer of any insurance claims on the property. If the borrower fails to do so when required, the lender may pay for the insurance itself and add those costs to the borrower's debt under this agreement.
Mortgage Insurance
If you choose to include this section when customizing your agreement, the lender will have the option of requiring the borrower to maintain mortgage insurance. Mortgage insurance will reimburse the lender for any missed payments by the borrower, but will not relieve the borrower from its obligations under the agreement.
Events of Default
This section identifies the many ways that the borrower may default on its obligations under the agreement. Most importantly, the borrower must meet all its payment obligations on time and in full. A violation of any terms of the agreement is also an event of default. Other common ways to default include the borrower giving false or misleading information to induce the lender to enter into this agreement or if the borrower defaults on another lien on the property or incurs additional liens without the lender's consent.
Acceleration
In the event of a default, this section requires the lender to immediately notify the borrower of the default. If the default can be cured by the borrower, the borrower will be required to do so within the timeframe given by the lender. If the borrower fails to cure the default on time, then the lender has the right to accelerate all payments under the agreement. This means that all outstanding money owed becomes immediately due. Should the borrower fail to pay all money owed, then the lender may pursue its legal options for enforcing the agreement, possibly including foreclosing on the property.
Sale of Note
The borrower agrees that the lender may sell its interest in the promissory note and deed of trust without providing the borrower with prior notice. In this event, the borrower must also receive the name and address of any new servicer and any information required under RESPA. Any new servicer will still be required to abide by the terms of the promissory note and deed of trust.
Power of Sale
In the event of a default on the agreement, the lender may choose to foreclose on the property and sell the property without going through formal court proceedings. Under this process, the lender must notify the borrower of its choice to sell the property. The lender then typically circulates an advertisement in a local newspaper for the property and sells it to the highest bidder. The lender may also purchase the property itself at the auction.
Judicial Foreclosure
As opposed to the method described above, the lender also has the option to pursue foreclosure through the court system if permitted by the applicable law.
Executing the Agreement
To execute the agreement, the parties simply sign and date it in the presence of a notary or witnesses. Most states just require one notary to act as a witness; however, two witnesses are always required to sign deeds of trust in Connecticut, Florida, Louisiana, and South Carolina. These states allow a notary to sign in the place of one of the witnesses. Note, in ANY state, lenders can still choose to require two witnesses to sign. The main requirements for witnesses are that they are aged 18 years or older and are disinterested from the transaction, meaning they have no stake in the outcome and are not related to either of the parties by blood.
Final Steps
Although recording is not always required, it is highly recommended that you do record as soon as possible because it will protect you from potential adverse claims to your title by other parties. Every deed of trust should be recorded with the appropriate local office, usually called the County Recorder's Office or County Clerk's Office. As every county has its own specific filing requirements, we recommend contacting your local office to see if it requires any supplemental forms, whether it has any special requirements you need to complete, and also if you need help writing a proper legal description.
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The Information Technology Division supports all computer systems and related telecommunication requirements for the Corporation. Through a strategic partnership with the Information Systems Department of and District, the Division builds, operates and maintains the computersystems and information management processes required to meet the Corporation's needs.
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The purpose of this article is to examine the nature of the relationships formed between local government organizations and the stakeholders able to participate in their decision-making process by having either power to influence this organization's decision-making or a stake in the organization's operations and outcomes. In doing so the results of an inductive investigation carried out with English Local Authorities are presented. The investigation raised a model for demonstrating the types of stakeholder influences involved in the decision-making process of such organizations. From the model, it is clear that there is a variety of stakeholders capable of influencing, alone or in groups, how decisions are made. This fact implies that these organizations have to be accountable to those stakeholders in some way.Looking at the concepts presented above, one can infer that the stakeholder theory embeds two distinct approaches: the organization focusing on its stakeholders in order to propose suitable managerial techniques, and the manner a stakeholder approaches the organization claiming his/her rights. Whilst one side of the coin seems to be related to how an organization behaves when dealing with its stakeholders, the other side seems to be related to how a stakeholder holds the organization accountable to himself/herself. It is clearly a bilateral type of relationship.
The clusters of influence detected in this investigation are presented as follows.