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10 Cards in this Set

  • Front
  • Back

Distribution in Kind

Distribution of an LLC's real estate on dissolution to members as a return of their capital contributions

Referee

An advisor to the court on the feasibility of the division or sale of co-owned real estate

Cloud on Title

A claim, encumbrance or condition which impairs the title, not possession, to real estate until eliminated by release of recorded document, quitclaim deed or a quiet title action

Cause of Action

Facts which are the basis for a claim in a court action

Redemption

A property owner or junior lienholder's right to clear title to property of a mortgage lien prior to the completion of a trustee's sale or following a judicial foreclosure sale by paying all amounts due on the mortgage debt, including foreclosure charges

Forfeiture

Loss of money, rights, or anything of value due to failure to perform, a remedy abhorred by the courts

Restitution

A refund to the buyer by the seller on a rescission of a transaction in exchange for the restoration of the property to the seller

Equitable Owner

A person who purchased a property and has not yet received legal ownership placing title in their name, such as occurs under a purchase agreement land sales contract or lease- option sales agreement

Declaratory Relief

An action seeking a judicial declaration of the rights and obligations of parties to disputed situation

Anticipatory Breach

When a buyer or seller repudiates the purchase agreement by their words or conduct before closing