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Dictionary of Law |
mortgage :: legal definitionMortgage - 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 Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: 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 Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer 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 - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: 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 |