Titles and deeds in real estate발음듣기
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Titles and deeds in real estate
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[Voiceover] Let's say that this is me in this column over here, and that this is you in that column over there.발음듣기
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And let's say that you are in possession of a nice juicy, of a nice juicy apple right over here.발음듣기
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And I just assume while you posses this apple, I assume that you own it, so I go up to you and say, "Hey, can I buy this apple from you?"발음듣기
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Now when I did that transaction, there were some assumptions that were made, I assumed that possession of the apple was equivalent to ownership of the apple.발음듣기
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And you might be thinking, "Wait, wait, "under what cases would possession "not be equal to ownership?"발음듣기
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The rightful owner of that apple is your neighbor, but you just picked it, maybe you swiped this from the corner store.발음듣기
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Maybe you found this on a bench and you said, "Okay, well it doesn't seem "anyone else is claiming it.발음듣기
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But maybe someone else had left it on the bench, and then they come back an hour later, said, "What happened to my apple?발음듣기
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But for something as small as an apple as, I guess you could say financially not as important, something that's you know has a market value of a dollar.발음듣기
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It might be too much trouble to kind of do a background check on the apple to see do a forensic analysis to see who is guarding the apple came from or to see is someone else had legal right, legal title to the apple.발음듣기
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And so for things like apples, we tend to just transact just assuming that possession equals ownership.발음듣기
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Well, it means you're living in it, you have the keys to the house, your station wagon is in the driveway.발음듣기
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So you put a for sale sign outside of this house, and I'm new to town, and I need a place for me and my family to live.발음듣기
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How much is it? And you say, "It's $100,000." You say, "Okay, it seems like a reasonably "good deal compared to other houses "in this neighborhood.발음듣기
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And you pack up all of your stuff, take your pictures off the wall, put them in your station wagon, and you leave.발음듣기
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Something is, makes us feel a little less comfortable doing this transaction than this "transaction over here."발음듣기
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Because this house, just because the person happen to be in it and had the keys to it, didn't mean that they owned the house.발음듣기
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And maybe the owners, the real owners were off to work and their faces were in the pictures just because they were the owner's brother-in-law or something.발음듣기
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Maybe they were, maybe they just saw a vacant house, maybe this is someone else's vacation house, and said, "Hey you know what, "I know these people don't show up "during the summer, so I'm just going to go there "change the locks, have the keys, "and I'm going to pretend like I live there.발음듣기
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And then I'm going to try and find somebody new to town and I'm going to sell them the house "for a $100,000."발음듣기
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Because as you can imagine there's some people for whom who have who are I guess a little bit less scrupulous, who's ethics are questionable, who could be very tempted by this.발음듣기
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So you could imagine for, when you're talking about big dollar figures, people have tried some fairly major scams.발음듣기
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So how do you, and you know, and once again, just in the case of the apple, maybe someone left it on the bench, and someone thought that it was their, you know you thought it was your apple now that you found it.발음듣기
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There could be, it doesn't have to be just scamming, it could be, I thought I inherited this house, but then some other relatives shows up, who is closer to the previous owner of the house, and said, "No, no, wait, wait, wait.발음듣기
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So you might have thought that you own the house, but there might have been some other claim on it.발음듣기
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And maybe you bought the house out right or you thought you bought it, but maybe the previous owner had you know was in a dispute with their brother or their sister over the house.발음듣기
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And so the way that, the way in modern society is that we deal with this, where we see who has ownership rights or another ways of thinking about it, who has title?발음듣기
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When I talk about title, this is ownership rights, we're talking about real, right to live in the house, it's a right to do what you, you know, garden around the house, has the right to modify the house.발음듣기
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So the question of who has title or evidence of title, evidence of title, happens through legal documents. Evidence of title.발음듣기
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And deeds, so when I, so if I wanted to buy this house from you, you would, we would get an attorney, and then we would draft a deed that transfers, that transfers the property from you to me.발음듣기
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But you're saying, "Wait, wait, wait, "that still doesn't you know prove to me "that the house is all good."발음듣기
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So there's actually companies that do title searches, and they're going to go to the public records, to the city or county records, and they're going to see, "Hey, what are all "the deeds that have been filed with the city?"발음듣기
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And whenever there's a deed, if things have done properly, it needs to be made of public record, it needs to be filed with the city or county.발음듣기
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When you do a title search, whoever is doing the title search will look at the public records, and they'll look at all the previous deeds.발음듣기
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They'll look at the deed that from the previous owner of the house to you, they'll look at the deed from the previous owner even before that, and they'll make sure that all of the the titles, the title transfer has been cleaned, that there hasn't been any weird claims on the house, that there haven't been liens on the house.발음듣기
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A lien is essentially a claim on the house, maybe three owners ago someone didn't pay property taxes, and the city is still saying, "Hey, whoever owns this house, owns us a $1000."발음듣기
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Maybe four owners ago there was someone who did an improvement to the house, and said, "Hey, that owner never paid me "for the new driveway.발음듣기
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Whoever is benefiting from this driveway, who owns this house, they still own me money before I were to remove that lien."발음듣기
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So the way that we do it in a modern society is, Okay, you say you're selling this house, but before I actually give you the money, I'm going to do a title search, I'm going to make sure that there aren't any other claims, I want to make sure that you are the real owner of the property.발음듣기
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