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mortgage :: legal definition


Mortgage - n. a document in which the owner pledges his/her/its title to real property to a lender as security for a loan described in a promissory note. Mortgage is an old English term derived from two French words "mort" and "gage" meaning "dead pledge." To be enforceable the mortgage must be signed by the owner (borrower), acknowledged before a notary public, and recorded with the County Recorder or Recorder of Deeds. If the owner (mortgagor) fails to make payments on the promissory note (becomes delinquent) then the lender (mortgagee) can foreclose on the mortgage to force a sale of the real property to obtain payment from the proceeds, or obtain the property itself at a sheriff's sale upon foreclosure. However, catching up on delinquent payments and paying costs of foreclosure ("curing the default") can save the property. In some states the property can be redeemed by such payment even after foreclosure. Upon payment in full the mortgagee (lender) is required to execute a "satisfaction of mortgage" (sometimes called a "discharge of mortgage") and record it to clear the title to the property. A purchase-money mortgage is one given by a purchaser to a seller of real property as partial payment. A mortgagor may sell the property either "subject to a mortgage" in which the property is still security and the seller is still liable for payment, or the buyer "assumes the mortgage" and becomes personally responsible for payment of the loan. Under English common law a mortgage was an actual transfer of title to the lender, with the borrower having the right to occupy the property while it was in effect, but non-payment ended the right of occupation. Today only Connecticut, Maine, New Hampshire, North Carolina, Rhode Island and Vermont cling to the common law, and other states using mortgages treat them as liens on the property. More significantly, 14 states use a "deed of trust" (or "trust deed") as a mortgage. These states include: California, Illinois, Texas, Virginia, Colorado, Georgia, Alaska, Arizona, Idaho, Mississippi, Missouri, Montana, North Carolina and West Virginia. Under the deed of trust system title is technically given to a trustee to hold for the lender, who is called a beneficiary.

See also: deed of trust foreclosure judicial foreclosure notice of default trust deed and Related Law Terms ↓


Related Law Terms

abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property.
assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip
cestui que use :: (pronounced ses-tee kay use or setty kay use) n. a ... beneficiary cestui que trust trust
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
common area :: n. in condominium and some cooperative housing pro ... tage of total store space occupied.
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
community property :: n. property and profits received by a husband and ... and distribution separate property
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state.
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed
cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
cotenancy :: n. the situation when more than one person has an ... y by the entirety tenancy in common
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale
demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee
fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process.
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging.
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
market value :: n. the price which a seller of property would rece ... ich are often called "comparables."
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
maturity :: n. 1) the date when the payment of the principal a ... exchange legal age promissory note
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property
petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing.
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse").
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
resale :: n. selling again, particularly at retail. 2) adj. ... ction of sales tax on retail sales.
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course.
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1
seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape
seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes.
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs).
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust
trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax.
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

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forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder