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DOCUMENT TYPES AND DEFINITIONS
Abandonment of Homestead - ABD Homestead
Document recorded to terminate a homestead.
Abstract of Judgment - ABST JDGT
A summary of the essential provisions of a money judgment. When recorded,
it creates a general lien on real property of the judgment debtor in the
county in which the abstract is recorded.
Assignment of Rents - ASSIGNMENT RENTS
A document that gives the beneficiary the right to collect rents of the
secured property in the event of a default.
Certificate of Tax Lien - CTF TAX LIEN
A lien for nonpayment of property taxes. Attaches only to the property
upon which the taxes are unpaid.
Convenants, Conditions, and Restrictions (CC&R's) - RESTRICTIONS
A term used in some areas to describe the restrictive limitations which
may be placed on property. In other areas, simply called restrictions.
Declaration of Homestead - HOMESTEAD
Document recorded by a homeowner to protect his home from forced sale
in satisfaction of certain types of creditors' claims.
Deed - DEED
Written instrument which, when properly executed and delivered, transfers
title to real estate.
Deed of Reconveyance - RECONVEYANCE
An instrument used to transfer title from a trustee to the equitable owner
of real estate, when title is held as collateral security for a debt.
Most commonly used upon payment in full of a trust deed.
Deed of Trust -
(See Trust Deed)
Easement - EASEMENT
The granting of a right which one has in the land of another. It is either
for the benefit of land, such as a right to cross, or "in gross,"
such as a public utility easement.
Federal Tax Lien - FEDERAL TAX LIEN
A lien attaching to property for nonpayment of a federal tax (estate,
income, etc).
Fictitious Deed of Trust - FICTITIOUS TR DD
A deed of trust recorded by a trustee which discloses all the terms of
the trust deed but does not relate to a specific transaction and is used
for reference only.
Grant Deed - DEED
Form of deed, common in California, which contains implied warranties
to the effect that the grantor has not previously conveyed or encumbered
the property.
Judgment - JUDGMENT
The final determination of a court of a matter presented to it. Money
judgments, when recorded, become a lien on real property of the defendant.
Lien - LIEN
A charge upon property for the payment of debt or obligation.
Mechanic's Lien - MECHANIC'S LIEN
Statutory lien in favor of laborers and material suppliers who have performed
work or furnished materials or supplies to a work of improvement. If not
paid, they have a right to record a lien within a prescribed period of
time.
Notice of Completion - NOTICE COMPLETION
Notice recorded under the California mechanic's lien law within ten days
after completion of a structure; it shortens the time to file a mechanic's
lien.
Notice of Default - DEFAULT
Recorded notice that a default has occurred under a deed of trust. It
is the first step in non-judicial foreclosure of a deed of trust.
Notice of Rescission - RESCISSION
A recorded notice to rescind a notice of default of a mortgage or deed
of trust.
Notice of Trustee Sale - NT TRUSTEE SALE
Foreclosure sale conducted by the trustee under a deed of trust after
a default occurs.
Power of Attorney - POWER ATTORNEY
Instrument used to appoint an attorney-in-fact.
Quitclaim Deed - QUITCLAIM DEED
A deed used to transfer any interest in real property that the grantor
may have. It contains no warranties of any kind.
Release - RELEASE
An instrument releasing property from the lien of the mortgage, judgment,
etc. When a trust deed is used, the instrument is called a reconveyance.
In some areas, a "discharge" is used instead of a release.
Request for Notice of Default - REQUEST NOTICE
A recorded notice made by the beneficiary of a trust deed that he be notified
in the event that foreclosure proceedings are commenced by another party
of interest.
State Tax Lien - STATE TAX LIEN
A lien attaching to property for nonpayment of state income tax.
Subordination Agreement - SUBDN AGMT
Agreement under which a prior or superior lien is made inferior or subject
to an otherwise junior lien.
Trust Deed (Deed of Trust) - TR DEED
Written instrument by which title to land is transferred to a trustee
as security for a debt or other obligation.
Trustee's Deed - TRUSTEES DEED
Deed given by the trustee when property is sold under the power of sale
in a trust deed.
Uniform Commercial Code Financing Statement - UCC FINANCING STMT
A mortgage or security agreement using personal property as the collateral.
These agreements are recorded in county if real property is affected.
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