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Subordination of Vendor's Lien Retained by Grantor in Warranty Deed

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Multi-State
Control #:
US-OG-138
Format:
Word; 
Rich Text
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Description

If a person has purchased land, and the grantor in the deed reserves a vendors lien, that lien is superior to any subsequent grants by the owner of the land, including any oil and gas lease entered into at a later date. This form provides for the lien holder to subordinate a retained vendor's lien to an oi land gas lease on the lands that are the subject of the vendor's lien.
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FAQ

A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.

When a will and a deed both transfer the same piece of property, typically the deed will trump. This is not because deeds automatically override a will, but because a deed is designed to take effect immediately after the grantor delivers it to the grantee, whereas a will does not take effect immediately.

Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.

When a warranty deed contains a vendor's lien, the buyer agrees to allow the seller to seize the property until the property is paid for in full. It's used in situations where the buyer is taking immediate possession of the property, but is paying the purchase price in installments or at some later date.

A warranty deed can be revoked. In most situations, the person signing the deed needs the cooperation of the person who received the deed to revoke it. If the deed was prepared to transfer property between family members or close friends, this might not be a problem.

It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating

A property deed, or house deed, is a legal document that transfers ownership of real estate from the grantor (seller) to the grantee (buyer). Property deeds are the legal tool of defining ownership. When a property or house is sold, the buyer and seller sign the deed to transfer ownership.

The deed did not meet the written requirements (such as if it failed to accurately describe the property); The deed was forged; The deed was induced by fraud, misrepresentation, coercion, duress, or undue influence; The deed was not delivered, or not delivered properly, and there was no acceptance by the grantee.

A vendor's lien is the right of a seller to repossess the property sold until the buyer makes all payments for the full purchase price. The property is the collateral given as security to the seller for the purchase price. It is sometimes used in connection with a purchase money mortgage on real estate.

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Subordination of Vendor's Lien Retained by Grantor in Warranty Deed