Acceleration Clause Image

Acceleration Clause Definition

If a mortgage exists, odds are it includes an acceleration clause. The clause requires a borrower to repay all of an outstanding loan upon a breach of the contract. A clause identifies a particular section of a real estate contract …

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Defeasance Clause Image

Defeasance Clause Definition

A defeasance clause provides for the mortgage security interest to end when the borrower pays the debt and fulfills the secured obligations. For exam purposes, connect defeasance with payoff and release. What is the Defeasance Clause? The clause describes the …

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Alienation Clause Image

Alienation Clause Definition

Lets talk about the alienation clause, also known as the due-on-sale clause. Don’t worry it has nothing to do with extraterrestrial life. The act of transferring title, ownership, an estate, or an interest in real estate from one party to …

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Habendum Clause Image

Habendum Clause Definition

The habendum clause typically is a section of a contract that deals with rights and to whom or what is granted. A clause identifies a particular section of a real estate contract (for those of you who don’t know). There …

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Title Theory vs Lien Theory

Title Theory vs Lien Theory

Title theory, lien theory, and intermediate theory describe the legal interests created by a mortgage or similar security instrument. They help explain who holds title while a loan is outstanding. The governing state law and the particular instrument matter; the …

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Dominant vs Servient Estate Image

Dominant vs Servient Estate

Let’s talk about the Dominant and Servient Estate which have to do with easements. Understanding the difference between both estates is vital for the real estate exam. For those of you who don’t know what an easement is – an …

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