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Does a contract for deed constitute legal or equitable title?
Equitable.Equitable.Equitable.Equitable.
What are the differences between Legal and Equitable Rights?
Legal RightLegal rights are recognized by the courts of common law.A registered mortgage is a legal mortgage.These are certain rights.Where these two rights conflict, legal rights prevail.Equitable RightEquitable rights are recognized by the courts of chancery.A mortgage of property by simply keeping the title deeds with the creditor is an equitable mortgage.These are uncertain rights.When these two rights conflict with each other, equitable rights become weaker than legal rights.
What is difference between marketable title and insurable title?
What is difference between marketable title and insurable title?
What does a trust?
Allows one group to control many companiesA trust is a legal vehicle whereby the legal title and the equitable title to the property comprising the trust res is split between a trustee and a beneficiary. The conveyance of property into a trust functions to put the trust res at arm's length from both the grantor and the beneficiary for various reasons, both legal and capricious.
Who has the legal title of the property in a trust?
Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.
Is Nevada a title theory state or a lien theory state?
Nevada is a lien theory state. In "title theory" states, actual "legal title" to the property temporarily passes to a trustee to secure the debt. The borrower (grantor), retains possession rights and "equitable title" and has full use of the property for the mortgage term. When the loan is paid off, legal title is restored without the necessity of a reconveyance. In "lien theory" states, the lender (mortgagee) places a "lien" on the mortgaged real property while the borrower retains both "equitable" and "legal" title.
What does trust do?
Allows one group to control many companiesA trust is a legal vehicle whereby the legal title and the equitable title to the property comprising the trust res is split between a trustee and a beneficiary. The conveyance of property into a trust functions to put the trust res at arm's length from both the grantor and the beneficiary for various reasons, both legal and capricious.
To deduct mortgage interest do you need to be on the loan or the title?
Certainly on the loan, for property you occupy. An interest deduction is generally not allowed if the taxpayer's liability is not primary and direct.. There is an exception to this general rule that allows a taxpayer to deduct interest he pays on a mortgage if he is the legal or equitable owner of the property, even though he is not directly or personally liable on the bond or note secured by the mortgage. The effect of this exception is to permit the deduction of interest in situations when the taxpayer-borrower is not personally liable on a mortgage of property that is used as security for a loan made to the taxpayer. The Tenth Circuit has stated that the concept of equitable title to realty for this purpose is generally limited to two situations: when legal title to property is held by a trustee, in which case equitable title is said to be in the beneficiary; and when real estate has been sold under a contract for deed with legal title retained by the seller until the purchase price is totally paid, in which case its purchaser is said to be the equitable owner during the payoff period.
What is the difference between Legal and Equitable Rights?
A legal right is a right you have to something without any barriers. An equitable right is one that would be recognized by a court of equity. One of the easiest to understand examples is the right of real property ownership.Suppose a person purchases a parcel of land by deed from its owner. That person becomes the legal owner of the property. They have a legal right of ownership.Now suppose a person inherited a parcel of land as the only heir at law of her grandfather. The grandfather's estate must be probated to transfer legal title to the beneficiary. When the estate is probated through the probate court the beneficiary will become the legal owner of the premises by virtue of the court order that allows the probating of the estate.If the estate is not probated the beneficiary has an equitable right to the property and is not the legal owner. She has the right to commence a court action to probate the estate so she can acquire the legal right to the premises.Another example: An owner whose land is taken by the town due to nonpayment of real estate taxes has an equitable interest in the property until that right has been barred by a court decree. In this case the delinquent property taxes are the barrier to full legal ownership. The delinquent taxpayer is no longer the legal owner of the premises. Until the delinquent owner's rights have been barred by a court decree they have the right to pay the delinquent taxes to redeem their property and become the legal owner once again.
Who holds the tax benefits legal title or equitable title on a real estate contract?
A contract to purchase real estate gives the buyer no rights in the property except the right to purchase it. Title remains in the property owner until transferred by a deed of conveyance.
Does a trust arise when legal and equitable title are merged?
Generally, when legal and equitable title are merged there is no trust. There is a merger of title that would result in the invalidation of a trust if, for example, the trustor, trustee and beneficiary were one and the same person. A person who is contemplating a trust should always consult with an attorney who specializes in trust law in the state and who has a good reputation. State laws vary and trusts must be carefully drafted to comply with federal tax laws. If a trust fails, the property remains vulnerable to creditors, taxes and the property will be part of a decedent's probate estate. Trust errors can be costly to correct if they can be corrected.The essence of a trust is splitting the legal and equitable interests.
What is the difference between a header and a title on a report?
what is the difference between titles and headings in general.
